Hindu mother who raised Muslim kid wins his custody

[Awesome]

Worse decision ever. As a minor his parents are still the biological parents. There is no power in the world that can convince me otherwise.

Hindu mother who raised Muslim kid wins his custody - The Times of India

AHMEDABAD: There are many similarities between the story of Vivek, who was born Muzaffar, and that of Azhar Mody, the Parsi schoolboy who disappeared from Gulbarg Society during the 2002 riots in Gujarat and inspired the Bollywood film Parzania. While Azhar is yet to be found, Vivek's reappearance in 2008 triggered a tug-of-war between two sets of parents — one Hindu and the other Muslim.

This custody battle reached the Gujarat high court which turned down a petition by the boy's biological parents seeking him back. The boy separated from his father, Mohammed Salim Shaikh, and mother Jaibunissa, during the Gulbarg massacre in Ahmedabad in 2002 in which 69 were killed. Six years later he was found being raised by Meena (alias Vina) Patani, a Hindu woman. Today, he is 13.

This case came up for hearing this week before Justice Ravi Tripathi, who dismissed the petition since the child has now grown up and can decide his own future. Jaibunnisa's counsel MM Tirmizi said they would challenge the order in the SC. The court has allowed the biological parents to meet Vivek every Sunday for the next six months. "We can also seek the boy's custody under the Guardian and Wards Act now," Tirmizi said.

The Shaikhs aren't happy with the order and said they had no option but to appeal in a higher court. It was revealed that a police constable had found the child in 2002 and taken him to his own cousins — Vikram and Meena Patani in Saraspur, who named him Vivek. Vikram passed away and Meena took the sole responsibility of caring for Vivek.

After DNA sampling established the relationship, the Shaikhs approached a magisterial court for Vivek's custody. The court wanted to know Vivek's decision, and he made it clear that he would stay with Meena. The court then dismissed Jaibunnisa's application. In 2008, Jaibunnisa filed a petition in the high court.

Justice DH Waghela offered a middle path and said the Shaikhs could keep the boy on weekends. The court suggested the child should be given enough time to adjust to his biological parents, an arrangement that lasted five years.

 

[rockstarIN]

Worse decision ever. As a minor his parents are still the biological parents. There is no power in the world that can convince me otherwise.

Hindu mother who raised Muslim kid wins his custody - The Times of India

AHMEDABAD: There are many similarities between the story of Vivek, who was born Muzaffar, and that of Azhar Mody, the Parsi schoolboy who disappeared from Gulbarg Society during the 2002 riots in Gujarat and inspired the Bollywood film Parzania. While Azhar is yet to be found, Vivek's reappearance in 2008 triggered a tug-of-war between two sets of parents — one Hindu and the other Muslim.

This custody battle reached the Gujarat high court which turned down a petition by the boy's biological parents seeking him back. The boy separated from his father, Mohammed Salim Shaikh, and mother Jaibunissa, during the Gulbarg massacre in Ahmedabad in 2002 in which 69 were killed. Six years later he was found being raised by Meena (alias Vina) Patani, a Hindu woman. Today, he is 13.

This case came up for hearing this week before Justice Ravi Tripathi, who dismissed the petition since the child has now grown up and can decide his own future. Jaibunnisa's counsel MM Tirmizi said they would challenge the order in the SC. The court has allowed the biological parents to meet Vivek every Sunday for the next six months. "We can also seek the boy's custody under the Guardian and Wards Act now," Tirmizi said.

The Shaikhs aren't happy with the order and said they had no option but to appeal in a higher court. It was revealed that a police constable had found the child in 2002 and taken him to his own cousins — Vikram and Meena Patani in Saraspur, who named him Vivek. Vikram passed away and Meena took the sole responsibility of caring for Vivek.

After DNA sampling established the relationship, the Shaikhs approached a magisterial court for Vivek's custody. The court wanted to know Vivek's decision, and he made it clear that he would stay with Meena. The court then dismissed Jaibunnisa's application. In 2008, Jaibunnisa filed a petition in the high court.

Justice DH Waghela offered a middle path and said the Shaikhs could keep the boy on weekends. The court suggested the child should be given enough time to adjust to his biological parents, an arrangement that lasted five years.

Did not read the last para?

Justice DH Waghela offered a middle path and said the Shaikhs could keep the boy on weekends. The court suggested the child should be given enough time to adjust to his biological parents, an arrangement that lasted five years.

Source: http://www.defence.pk/forums/world-...uslim-kid-wins-his-custody.html#ixzz2cJnWtMPc

 

[SirHatesALot]

Why is it any of a Pakistani's business what decision our courts give? How is this even world affairs?

On topic: Good decision, hopefully he grows up as a good Hindu

how do you know he is Hindu?

 

[Hack-Hook]

I don't know what his religion is, thats why I said "hope"...

Well its messed up.
Very hard to decide , when you look at it no matter how the judges rules some people will be unhappy.

Its more important to see what really the law in india says about such cases.

But one thing is clear if the police officer who found the boy instead of gaving him to his family handed him over to the authorities then today we didn't had such mess up and his biological parents have found him much sooner.

 

[INDIC]

After DNA sampling established the relationship, the Shaikhs approached a magisterial court for Vivek's custody. The court wanted to know Vivek's decision, and he made it clear that he would stay with Meena. The court then dismissed Jaibunnisa's application. In 2008, Jaibunnisa filed a petition in the high court.

The decision came because of boy's own wish.

 

[rockstarIN]

Well its messed up.
Very hard to decide , when you look at it no matter how the judges rules some people will be unhappy.

Its more important to see what really the law in india says about such cases.

But one thing is clear if the police officer who found the boy instead of gaving him to his family handed him over to the authorities then today we didn't had such mess up and his biological parents have found him much sooner.

Basically judges go by wishes of the children.

 

[Hack-Hook]

Basically judges go by wishes of the children.

do you knew what happen in these case on family matter like heritages ?

also another question how id the surrogacy law in India , by reading this news I get the impression that this family raised the children without passing the governmental channels for adopting the child , I wonder what law say about these cases ?
here such act is a severe crime something equal to kidnapping, is it also as such in India ?

 

[JayAtl]

even in that famous case where a Hindu father got custody of the Muslim boy I disagreed . The boy in that case was lost, one mistake by a parent does not mean you have them pay for it for life. I would have like to see a path where the parents ( real ones) could work themselves into the boys life. Perhaps not instant custody but over a period of time.

 

[SQ8]

Technically, the court has done the right thing. Since the woman cared for him and raised him. Yet, there is also sympathy with those who lost their son due to state negligence. So it is really a sad case.

 

[livingdead]

even in that famous case where a Hindu father got custody of the Muslim boy I disagreed . The boy in that case was lost, one mistake by a parent does not mean you have them pay for it for life. I would have like to see a path where the parents ( real ones) could work themselves into the boys life. Perhaps not instant custody but over a period of time.

Technically, the court has done the right thing. Since the woman cared for him and raised him. Yet, there is also sympathy with those who lost their son due to state negligence. So it is really a sad case.

thats what the judge hopes, over 5 year period, the boy will be able to decide which relation he should go for.
If I was him, I would not go to a stranger's house... 13 year old boy will run away..

 

[JayAtl]

Technically, the court has done the right thing. Since the woman cared for him and raised him. Yet, there is also sympathy with those who lost their son due to state negligence. So it is really a sad case.

There is no black and white answer, you are right about that.

If your sole purpose or guideline for the judge is to do what is best for the child. then it was a good decision- especially given that there is a path for the child to know his real parents, and spend time with them, in this case.

thats what the judge hopes, over 5 year period, the boy will be able to decide which relation he should go for.
If I was him, I would not go to a stranger's house... 13 year old boy will run away..

yeah in this case. I was talking about the other case, where the hindu chaiwalla found a child and in spite of doing everything right, could not locate the real parents and then adopted him . also brought him up as a muslim.

 

[kas786]

Well, it's hard to take sides of either party in this case, and as such, by default, the teenager (he's not a child anymore) can decide his own future. He is going to grow into an adult eventually, and if his mind changes, he can always go back to his biological parents.

 

[Star Wars]

I don't know , do you people just expect the kid to call someone else mother even if its a matter of 5 years ? Asking a 13 year old to choose between two sets of parents is just inhuman.... He should stay with the mother he grew up with who he was cared by.... Bringing religion into every god damn f**king thing can ruin a life...

 

[Sashan]

I think the judge made the right decision in taking the boy's views and passing the judgement accordingly. I had a chat with a social worker who specializes in adoptions in different states in US. She mentioned that the practice from say DCF and courts in CT and few other states are that the biological parents are given several chances while the child gets in and out of foster homes and by the time the courts make up their mind in permanently detaching the children and giving them away for adoptions, the children are scarred psychologically - she said the courts focus on the biological parents' welfare primarily while tending to ignore the child's psychological hurt.

 

[joekrish]

Worse decision ever. As a minor his parents are still the biological parents. There is no power in the world that can convince me otherwise.

The question here is not about being hindu or a Muslim, it was a decision taken in the best interest of the child. You will have to give the child time to adopt to the new people and culture and he is not a football to play in between two religions.