THE STRUGGLE FOR JUSTICE BECOMES A STRUGGLE OF A LIFETIME, A WOMAN'S STRUGGLE FOR LIVELIHOOD.
Im going to tell you a real story of a woman who has struggled and is still struggling in the court of law for justice, she is struggling for what is rightly hers without infringing anyone's rights. Yet for the last 14 years all she has gotten from the courts is false hopes and dates. It makes one question the Indian Legal System and how the wheels of justice move agonisingly slowly and the way in which it is dispensed and the fact that it ends up costing a person at most times their own life and yet justice has not prevailed.
In a case that was Filed in the year 2010, Shamili (Complainant) filed a case against her husband Nandish (respondent). Shamili along with her 2 minor children were turned out of the house by her husband. The truth behind this whole matter was that this was not the first time that Shamili's husband had turned her out of the house, he used to do this very often, given the fact that Shamili's whole family was settled abroad she had no support or family to look upto in such situations. This very truth because Nandish's strength, this was the very thing he used against her everyday of their marriage life. Nandish was a powerful and rich businessman who had one of the most talented people working for him, and need it be said money was never an area of concern for him.
Shamili was turned out of the house with her 2 minor kids Pallavi who was 11 years old at that time and Angad who was 9 years old. Shamili having nowhere to go sought help of an uncle who very humbly offered roof over their head for as long as they needed. Never once during the first few months had shamili thought of seeking divorce from her husband all she wanted was to be able to live with his family who loved her dearly. Shamili worked over 16 hours a day to put food on the table for her children, she tried to give them everything, taking them for tuitions, swimming etc. She with all the limited means tried to make a small living for them, the children barely saw her in those days. She struggled with insomnia due to excessive stress, all that happened in the house took a toll on both the kids especially Pallavi who being the eldest child saw her father for who he truly was. The children never went for trips, birthday parties or did anything a child in their age would normally do, mainly because they never had the money. To be able to afford an ice cream in those days became difficult.
After a few months Shamili chose to tell her family what had happened, she initially just spoke to her elder brother, who along with her close friends advised her to seek divorce. She was asked to file criminal proceedings as well against her husband Nandish who had duped her and emptied the bank accounts of the kids of any money that they had. All said and done these proceedings were filed, Nandish filed for divorce in Australia as he was a citizen there as well, Shamili not having the finances could not contest and within a period of 90 days with an ex parte order the divorce was granted. Shamili too filed for maintenance in the court of law to help her and the kid survive.
The court Initially awarded her a maintenance of 60,000 rupees a month along with 10,000 each for the kids, this was awarded under Section 125 of the CrPC. She and her lawyers knew that Nandish was earning in crores and his worth was unfathomable, but like every person in court he claimed to have lost everything and claimed he had come to the streets and had nothing to give to his estranged wife and children. The court works on proof, nothing is believed in court until you have proof to support your claims. Shamili and her Lawyer worked day and night to accumulate proof of his assets not because she was greedy or because she wanted to be rich but because she knew in today's time and the rising Inflation with the amount been decided raising 2 kids will not be easy. She knew her husband bought judges, lawyers, police officials basically anyone who could have been proved to be of any assistance to her, thereby closing all doors for her survival.
Finally after months of hard work they gathered all proof necessary to prove his assets, his month earning and the court having to have paid attention to the new proof under section 127 of the CrPC modified the maintenance to 10 Lakhs to Shamili and 5 Lakhs each to the kids. Now when someone hears this they think that's great, they are settled for life, they will be comfortable but lemme tell you the grass is always seems greener on the other side.
Yes the court modified the maintenance, Yes Nandish was asked to pay the amount and all that had accumulated over the years, but here is the twist, Shamili never saw the money even after 14 years she and her kids are struggling to get maintenance. The court dates keep coming and Nandish uses his power to procrastinate having to pay. This journey of seeking justice has cost the kids their childhood, they were once minors badly in need of money to survive now both the kids are in their 20's almost finished with college.
Seeking justice for herself and her kids seems like an endless journey and this journey seems to have no end. The dates keep piling, the documents keep piling but justice is far from being served. It's stories like this that make one doubt the working o the Indian judicial system and it's working. Let's hope this journey bears fruit at the end and this struggle they are having to go through does get them the justice they deserve.
