MEDIATION A NEW MEANS TO CHEAT

When my matter was before the Supreme Court, it was referred to Lok Adalat, for exploring settlement posibbilities. I was happy that may be my battle will be over soon... as my soul was wounded as I have battled a lone war.. a war like Abhimanyu.. with me surrounded my my in-laws and their family. pain of each and every sword that went across my soul.. wounding.. bleading.. making me cry in pain..

I recieved a notice that I must come a day earlier as my amtter is before Delhi Mediation Centre. According I saw to it that I reach a day earlier. I went to the Delhi Mediation Centre and was before time. The counter was crowded and I was letter referred to Mrs. Agarwal and Mr. Bhasin. Mrs. Agarwal inquired from me about the matter and then asked me to have meals which was arranged by the B.A.R. for litigants accross the nation. Politely I declined. She asked me that if I wanted to claim expences, then I need to file an application and I will get some expences reimbursed. I informed her that I am also and Advocate and I do not need any financial aid.

That day I waited for 2 hours and no one turned up. The next day we went before the Lok Adalat. The Advocate for my ex-wife one Mr. Rajesh Goswami ( if i recollect rightly) was there. I have hardly met such a crooked Advocate in my life. He told me that since I care for my daughter I must pay my ex-wife 20000.00 p.m. for child expences. Infact during the talk I could see him change colours. The matter came up before Justice Agarwal and Justice Altaf Alam ( I hope I have recollected the names correctly). The Advocate put in a medical certificate which I presume was bogus. The Judges asked me as to what I wanted and I told them that I want to see my child and if there is a need I want her custody. They passed an order referring the matter to Delhi Mediation Centre and asked presence of the child ( I assume they wanted me to be with the child).

Next time before the mediation centre, the time was at 4.00 p.m., I reached at 3.00 p.m. I was informed that my child is in the chamber of the opponent Advocate. At 4.15 p.m. I informed Mr. Bhasin about the facts and he was wild at the other side. I was walking out. A child just put her fingers in my hand. I turned around to see that my ex-bro-in-law was walking with my child. She smiled at me and I had a drop of tears in my eyes. I was speachless and expressionless. Did not know how to react. I went to tell Mr. Bhasin, that the opponents are ther. By the time their Advocate started shouting at me as to why I am making Complaints, what is wrong in them being late by 20-25 minutes. Mr. Bhasin took charge and cooled the things. In mind I was really in storms.

At 4.35 p.m. , we sat down in th meeting, I was giving my daughter sweets and tried to show her the past photographs. I had parcels of gifts. One from my mother, one sister, one father and not to forget me. The Advocate pounced on me. He said this could be poison, who knows. It was devastating for me. I knew the person was in his mid 40's and I assume he must be a father and more so was a fellow Advocate. He did not allow me to show photos on the pretext that it will put the child in trauma. He kept on the drama for 15 minutes and the time was over. though Mrs. Agarwal did protest but the Advocate managed to get out of it.

The result was violation of my rights and order of the Lok Adalat. It was like a slap on the face of the order. The manner in which my in-laws behaved was in-human. I can just say one thing.. humanity was at shame......

Thereafter the Advocate made a call before the next hearing saying that there is no lok Adalat. That was false. Infact our matter was not listed in Lok Adalat but was there in the mediation centre.No one turned up and I was called to Delhi on 3 occassions. Each time no one had come. I had spend travelling and staying in Delhi. Each time I carried lots of gifts only to return without result, sad and down. In this pretext, 6 months were over. The mediation centre did not take any action against the Advocate and even seems not have recorded the same in the final report. I have not got the copy of the report till date.

My faith in mediation was shattered and broken. I wonder if this is another tool to delay Justice. Is it a means to deny a child his father? Is Delhi Mediation Centre an easy place to be used and Lok Adalat a means to humiliate litigants? Is it too gender biased? Are the mediators at the mediation centre incapable of taking hijackers of orders like this Advocate and is there no action that can be taken? If so then I say the order is worthless and mediation attempt a means to fool the litigants.

I have narrated the story to many and many Advocxates were witness to the dirty game. The temple of Justice has been made unholy and the culprits are free. Its a shame on the legal fraternity, the Delhi Mediation Centre and the BAR Council. No one will have faith in Judiciary and I am sure if someone takes up alternate roots to judicary then my opposition will not be too strong, as a victim cannot canvass for the justice.

INJUSTICE AT ONE PLACE IS DEFINATELY A THREAT TO JUSTICE EVERY WHERE AND BY NOT PUNISHING THE CULPRITS THE SPECTATORS ARE GUILTY OF SHIELDING THEM....

This is fooling people in the name of law. Even the naxalites and terrorist do not create so much trauma that was created.. its a shame.................. shame on law.......... shame on Judiciary.............. shame of delhi mediation centre............

I am convinced that a person must kill himself but not go to Delhi Mediation Centre......................... its a bunch of people who shield idiot, shameless abd advocacy

TRUTH DENIED

I remember the days when my ex-wife left the house. The day 19.10.2005 was horryfing... My ex-in-laws came to Surat and ringed me up a day prior. I was not informed why they are coming. Infact my Ex-sister-in-law and ex-bro-in-law acted as if the are unaware that my ex-father/mother in-law are coming to surat. They came and I was there to recieve them at the station. I took them to Hotel Golen Chariot at Belgium Sqaure Surat. Every thing was normal. By the noon my ex-inlaws started a fight and the questions raised were really pinching..
1. Apne Surat mein Kya suvidha create kiya hai ( Well we preferred no to borrow/cheat and fool people and stay within are limits and also not to spread hads in front of any relatives including my ex-inlaws).
2. Apne surat shift hone ke pahle humse sala ki (well I did not accept the offer of my ex-wifes Jija as I found the offer offending and morally also the business incorrect)
3. (addressing me) Aap humare ladke ki shaadi mein nahi aye, humari ijjaat nilam ho gai ( My dad was having very high tempreture. my ex-wife was there and I did not inform them about my dads health as I wanted the marraige to go on smoothly)..
when we felt offended my father offered my ex-wife option to stay in Mumbai or Surat and he will stay at the other place.... He offered her everything she wanted but asked her not to leave the house as we were already in trouble financially and were fighting for survival...

The questions were illogical.... I feel my ex-in-law married their daughter to me assuming that the status which I had at that time is eternal... Alas.. that was a myth.... they could not bear it and took away their daughter and my daughter also.....

when the ship could sink, rats run away.... whoi is to be blamed.. me... they... time ... or fate... Who ever it is but I lost my daughter or rather my daughter was forcibaly seperated from her beloved family... she was a child of two who cannot protest and the devils had their day.... the law and NGO's come to help only if a person is powerfful and not helpless like my daughter..

Latter when the false police case was made it was written that I drove my wife out of house without money.... well then did the police make inquiry.. check train records... check hotel records.. took statement of my ex-wife as how she travelled from Surat to Kolkata with a child without money.. nothing was done as Police new facts and had taken money... "RAKSHAK NAHI BAKSHAK HAI POLICE" and they know how to harrass innocent and how to take money from the wrong doers... Lets see who dares to get the records straight or makes a protest.. to get the child her dues...

DOES A CHILD HAVE A RIGHT

I am a person who has suffered at the hands of my ex-in-laws and law just because I am belonging to male gender. Yes in a gender biased nation. My blog will start today and in 7 to 10 days I will put up all the facts with evidence. Let me also see as to how many people stand by truth or take pains to see that truth gets Justice.....

In my case my daughter, Nupur (I gave her this name as I said I have one eye, my sister Payal and the other eye, my daughter Nupur and till today both are equally important for me) was very attached to me. Whenever I used to come from office she used to make me lie down and used to stand on my stomach and dance. If I did not allow her to stand on me then she would fight with me. When in the night she used to cry and I used to put my hand on her she used to feel secure and stopped crying. My ex-wife Rajani, mother of Nupur, used to beat her when she cried at night as she used to feel very annoyed when her sleep was disturbed. I cannot forget my birthday of 17.8.2005, I was in tense mood due to some business problem. In the evening my family wished me Happy Birthday.... My sweet daughter then aged little less than 2 sang "Happy Birthday" and continued "May God bless You..." I was in tears with happiness............ Our bond was so strong that whereever I had a meal during my 13 months of staying alone in Surat, all knew that I used to miss my daughter.....

After that I brought everybody from Mumbai to Surat and took a rented house. I was in a very bad phase of life with financial crisis not leaving me.... My house in Surat did not have any facility... yet I saw that my daughter went to the best school in Surat, though my ex-wife did not like it and she even did not go for getting the admission. It was me, my mother, my father and my sister who took care of each and everything in the life of Nupur... I should say my father, mother, myself and my sister all played the role of her mother... Nupur was always against her mother and used to fight with her as my ex-wife never gave her anything of the liking of the child and used to give cold food, whereas my sister and mother used to give her hot meals (she was Just like me who enjoys piping hot food and not cold food), cheese links, dates, almonds.... Infact I used to get whatever Nupur liked even in my tight budget. But in this process I never did anything wrong and from day one I never thought of having any luxury, if I owe money to any person. We believed in a debt free life..

Infact before going to Surat, in Mumbai, I used to remain awake entire nights for my daughter and used to take her in arms and just keep moving as she used to sleep on me holding hairs of my chest and me continuing to walk... My ex-wife used to say that I deserve to be called Nupur ki Mummy... Nupur loved the small toys ( 4 of them of Rs.10.00 each) which I bought for her and never used to play much with the toys given to her by Rajani and her family members. She liked everything I got for her and I do not know how she used to recognise whatever was brought by me and seperate it from others...

I remember when my Rajani's parents came to Surat and wanted Nupur to be with her. Nupur refused, but when I perssuaded Nupur, she agreed and stayed with them in the Hotel while I went to office..... that was the last time I say Nupur properly...

I am sure that after leaving Nupur's soul may have longed for her father. During that period I did not call up Nupur as I did not want her to cry for me. I talked with her after 6 months and over phone in 2 minutes she told me PAPA MAIN AA RAHI HU AND RAN TOWARDS THE DOOR....

My in-laws made me sign divorce papers afetr obtaining signatures under threat to life of my family.... I did it for my family.... Now till today I have not been allowed to see Nupur. Her identity has been changed to "Vachi Saraff" ...

I ask the entire society... can a child of 3 years demand justice... does she know her right... can my ex-inlaws play fraud and hijack her identity.... change her... put her to identity crisis... who is she... Vachi Saraff or Nupur Murarka.............. who is her father... Siddharth Murarka or is she an Orphan..... who will give her justice....... Has she no right to know and have love of her father and paternal family.... Is she a commodity....

Custody is the right of a child to be with the parent who can give the child the best welfare and no parent has a right to take or give custodyyy.... So I as a father cannot take her right and give the custody to her mother if the welfare is more with me.... for a parent it is a responsibility.....

Well who cares.... ek bachha hai... kya hua... Ma hai Na.... Its not my child, then why should I care.... why protest..... But remember tomorrow it can be your child... your brothers child.. anyones child..... so who cares........

Can society change... can society call upon for justice... can you protest... can you fight for the rights of a child... Nupur is not alone, there are many and numbers will rise of children who have fathers but are still fatherless.... who's rights have been violated and society has kept quiet... and this scar will continue to haunt for life.... A precent can be set.... but who will... why??? I have no answers... do you haveee..MAY BE A UNITED SOCIETY CAN....

A painful father for an equally painful daughter
siddharth murarka

My name -
siddharth murarka
email id : siddharthmurarka@gmail.com
M - 9324175771