Legal Observer, SoftSettle Support
A Marital breakdown
of a Muslim couple in Kerala after getting divorced by their religious
procedure ratified by the Family Court found it rather difficult to get a right
order in respect of the custody of children in the slow paced procedure in
Family court, approached us and undertook that they are ready to resort to
third party mediation to the effect of the custody of their children.
Now it would be ideal to disclose some things that
happened incidentally during and after the process of divorce. Before getting
divorce Fathima (estranged wife) took her two children from her husband’s
family and later after she got married to her paternal cousin who has already
been divorced because of his impotency. The separated husband Sajad and his
family petitioned to their Jamaath committee and
Family Court for the custody of the children. Meanwhile Sajad’s remarriage took
place.
Both were dragged to file their claims in the Family Court. During the
pendency of the case both family were guided and led to online General
Mediation segment powered by Association of Mediation & Arbitration (AMA)
using the platform MEDIATOR AFFAIR
RESOLUTIONS
Mediation is the most suitable ADR method in resolving the issue
related to the custody of the children.
The significant causes for the divorce between Sajad and Fathima have
to be taken into account during the Mediation. Sajad’s addiction to liquor and
his lack of education are really adverse factors which to a great extent blocks
the claim of Sajad over the Children’s custody
But as a father and on the base of his kid’s mother got remarried,
natural law permits his claim over the children’s custody.
The relevance of Mediation is reflecting in this situation. Mediation
takes charge of the conflict in a way so as to make a congenial atmosphere, for
the kids’ growth and shaping good natured characters, should be given more
priority than finding justice over the claim of respective father and wife in
the Court litigation.
In the true spirit of the scientific mediation, the atmosphere in which
the kids should grow physically and mentally should be taken into
consideration. They are entitled to receive the love, affection and regards
from their estranged parents. It is the Mediation’s prime deliberation to take
care of the children’s mind not falling prey to the subjugation caused by the
estrangement of their parents apart from the safety of their future life,
getting adequate education, widening their thought process, to love others etc.
These above suggestions raised out of the negotiations between two
counsels of the husband and wife (where the spouses deliberately abstained from
the proceedings and being represented by their respective legal counsels) in
the presence and help of a skilled Mediator and the online platform MEDIATOR
AFFAIR in the web application www.odrsupport.com
The suggestions initially not accepted by Sajad, the separated husband,
but advised by the counsel and latter the mediator which made him little bit
convinced and as a responsible father he agreed to sign the agreement. Fathima
found the suggestions more reasonable for her and children and it was accepted
without a second thought.
We will see how far Mediation would succeed in bringing the above cited
prerequisites for providing, safety and sense of living, to the children?
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