Chapter 5 #2
The judge glared at him.
“Chandni Aunty,” Zubin turned around, gritting his teeth. “Quiet. Please.”
“But you cannot call me old in public! I’m forty…”
“We have your age written on the appeal,” he bit out.
She grunted. “I look mid-thirties…”
“Order.” The judge cut her off. “Sit down, Madam. This is not a soap opera. And Mr. Daruwala, the next time you object, think through your words and decide if they would be worth it. If you don’t, I will impose cost on you. Not your client, you, personally. Ms. Doshi, please continue.”
“Thank you, My Lord. As I was saying, the impugned order which we are challenging before this court is incorrect since it follows no shred of logic or even the law for that matter.”
Zubin had so many things whizzing past his head to rebut but now he was a Partner, not an Associate. Also, there was the sword of cost imposition hanging over his head thanks to the judge who suddenly seemed Aditi’s fan and greedy for her husband’s hard-earned money.
“…and as far as Advocate Daruwala’s second point is concerned,” she kept rattling like the fast train she was.
“The learned judge of the Family Court was a friend of the Respondent’s, and as such was heavily prejudiced in her favour.
That alone is grounds enough for this honourable court to set aside this order. That is all, My Lord.”
The judge nodded, turning to him — “Yes, Mr. Daruwala. You may bring forth your plea. I garner you are here to pray for a dismissal?”
Bingo. “Indeed, Your Lordship.” He got to his feet, crossing Aditi as she sauntered back to her table, a little smug for her own good, the gown flying behind her.
“Your Lordship,” Zubin crossed one hand over his other wrist and bowed his head.
“There is a woman, who married a man 42 years ago. She came into his house, built his home, and supported the running of that home as the man went on to build his business empire. For 42 years, this woman has kept her life revolving around that man. Now, that man wants a divorce. The woman is ready, leaving the memories, the work, the life of those 42 years behind. And all she asks in return is her right. Her right to maintenance. If she had given those 42 years to a career, who knows where she would have been, how financially independent…”
“Objection, My Lord,” Aditi stood up. “The opposing counsel is going into ifs and buts.”
“Ok, forget the ‘if.’ What about the fact that what your client is today? What a man is outside of his home is because of the woman who nurtures that home. A housewife, a homemaker, takes care of the inside so that the breadwinner can take care of the outside. I would go as far as to say she deserves these demands and the world if her husband is asking for a divorce at this stage in their marriage without any valid reason.”
“My Lord,” Aditi said. “My client has not contested the Respondent’s right for maintenance, or alimony for that matter. He is ready to go out of his way to make the separation, and her life, as smooth as possible. The opposing counsel is bringing emotion into it…”
“What do you mean, I shouldn’t bring emotion into it?
” Zubin objected fervently. “It is a marriage of 42 years and two people who have seen the good and the bad of a challenging life.” He turned his eyes up to the judge.
“Your Lordship, does my learned friend think this is an Instagram collaboration and the post is deleted now?”
“One of the Respondent’s demands is that the Appellant pay for her Instagram page verification, hire her a PR agency and a full-time content team for her reels, My Lord!” Aditi shot back.
Zubin shut his eyes. Don’t remind me. He had to defend this demand and the long list that came after.
“Where is that mentioned?” The judge frowned, flipping pages.
“Page. 127, paragraph 3, My Lord.”
“My client wishes to have a stream to keep her occupied, Your Lordship.” Zubin asserted. “We are asking her to leave behind her entire routine and a life lived for one man and move on.”
“Counsels, we are not arguing the demands yet. This hearing is solely to take your appeals and set the context for the coming hearings.”
“Apologies, Your Lordship,” Zubin bowed his head.
“The Respondent prays this court dismiss the Appellant’s appeal.
In a divorce between two people in such advanced ages of life, standing on a clearly unequal footing with one individual financially independent with ample prospects of growth in the future and the other completely dependent on him, with no stream of regular income in her future, the Family Court’s decision must stand. ”
“My Lord,” Aditi said. “The Appellant prays that you hear the demands before making any decision. Things are not as emotionally black and white as Advocate Daruwala is painting them.”
“Emotions are never black and white, Advocate Doshi.” Zubin countered.
The judge glanced at him over his specs and made a sound in the back of his throat. But his look was anything but understanding. It was, most probably, calling out his bullshit like he used to during college.
“My Lord,” Aditi added, “the Appellant further prays that this matter be considered for an expedited hearing. The circumstances have reached a point where the continued delay itself is causing my client immense mental and physical distress. He is presently being compelled to sleep every night in an empty swimming pool on the terrace of his own residence, merely to avoid further conflict within the home. The ongoing disputes have taken a severe toll on his mental well-being.”
“The dates shall be accommodated, Ms. Doshi,” the judge said, glancing at the board. “However, I must caution you that if dates are granted, they will likely be at short notice, sometimes even within twenty-four hours. Will you be prepared to proceed?”
“I shall be ready, My Lord. The sooner this Court is able to adjudicate upon the division of assets and grant appropriate relief, the sooner both parties can move towards some measure of peace and finality.”
“Mr. Daruwala?”
“We shall be ready, Your Lordship.”
“Alright,” Justice Deshmukh pulled off his specs.
“This court has gone through the appeal and the prayer for dismissal. This court is conscious of the fact that a marriage is more than just a union of two entities, and so, separation is hard for both the parties. Further, this court accepts that this is a peculiar case, in that, the ages of both the parties, the divorce itself and the unequal financial footing of the husband and wife. But that should not whitewash the fact that almost 90% of all assets have been tipped over to one side. This court is not passing any judgment on the merits of the appeal. However, after having heard both parties and taking into account their arguments, this court finds the order of the Family Court prima facie incorrect and erroneous. The court is hence inclined to hear the appeal further. This court hereby denies the Respondent’s plea for dismissal.
Appeal to go forward.” Justice Deshmukh banged his gavel.