Chapter 13
“This court has made its decision.” Justice Deshmukh announced. “Counsels…”
“Your Lordship,” Zubin said. “I apologise for intervening, but we must say this before the decision is pronounced.”
“Mr. Daruwala, you had your chance yesterday.”
“Indeed, Your Lordship, but this is a last-minute request from my client. It is imperative that I put it forth before this illustrious court.”
Aditi glanced up at Justice Deshmukh. He was glaring at Zubin over his specs, his brows raised.
“Request not granted.”
“Your Lordship,” Zubin pushed. “The request will see the light of day, only with more procedural paperwork after the decision is pronounced and assets divided. I request we save our resources and attach it to the current decision. I understand this request is out of the ordinary, but so is this case. I plead Your Lordship allow this. I will not take more than 5 minutes of this court’s time. ”
Justice Deshmukh stared, silent, then his eyes came to her. Adit maintained her stoic look. If it were up to her, Zubin wouldn’t be given 5 seconds, considering how he turned things in less than that.
“5 Minutes, Mr. Daruwala.”
Siiiiiir!
“Thank you, Your Lordship.” Zubin smiled, glancing over his shoulder at his client. Today, Chandni Jethmalani was not sparkling like a diamond-decked goose. Instead, she wore a pure white salwar kameez.
“Your Lordship,” Zubin reached his hand out and Shashank placed a typed sheet of paper in his hand. “The Respondent would like to file for a restraining order against Mr. Raviraj Jethmalani.”
Aditi’s hackles rose.
Zubin stepped up to submit the plea to Justice Deshmukh as Shashank got up to pass the copy to Zain.
She glanced back at Mr. Jethmalani. His eyes were wide.
She glanced at Chandni Jethmalani, then back at him.
Had something happened last night? Aditi would have gotten any news, if not from Jethmalani then from Zubin…
“Mr. Daruwala, this says health emergencies, life-support situations, death as well as post-death…” Justice Deshmukh’s voice reverberated and Aditi saw Mr. Jethmalani’s skin go pale.
“Indeed, Your Lordship. The Appellant will not approach my client from this day forth, nor will they be allowed to visit her on her deathbed, funeral or any rituals thereafter. In Sindhis, as in most Hindu communities, the right of final rites for a woman is with the son or the husband. In Mrs. Chandni Jethmalani’s case, in the absence of a son, this right would automatically go to her husband because the concept of divorce does not apply to the rituals of Sanatan marriage.
The Respondent would like that right to be taken away formally with this restraining order.
Tijho, asthi visarjan, uthala, kirya, tehravin and shraadh rights are also outlined in detail in the draft. ”
The courtroom was silent. Aditi glanced at the judge.
“Ms. Doshi,” he addressed her.
“My Lord.” She rose.
Justice Deshmukh’s eyes went from her to the man sitting behind her. He cocked his head — “Mr. Jethmalani, would you like to say something before I pronounce my order?”
Aditi waited. When no sound came from behind her, she began to open her mouth — “No, My…”
“Sir,” Mr. Jethmalani’s voice reverberated. “Please don’t pass this restraining order.”
Aditi was stunned. She did not expect this. Mr. Jethmalani’s voice was wavering.
“But why? Your argument against the Respondent demanding regular maintenances was that you don’t want to be tied to them. This is exactly as per your wish.”
Silence.
“Sir…” Mr. Jethmalani’s voice was thicker. He cleared his throat. “Uh…” he breathed, so deeply that the silent courtroom reverberated with it. Aditi glanced back, picking up the bottle of water from her table to offer him. He waved it off, his eyes downcast, his throat working continuous swallows.
“Mr. Jethmalani,” Aditi whispered. “Do you want me to ask for a break?”
His bowed head rose, and he was shaking it, his eyes unclear behind his fine glasses. He cleared his throat again.
“Mr. Daruwala,” the judge addressed. “Has something untoward happened between the last hearing and this one for you to suddenly demand this?”
“No, Your Lordship…”
“You have no right to cross this boundary!” Mr. Jethmalani roared at Zubin. “Sir, my wife’s lawyer has crossed his limits…”
“Sit down, Mr. Jethmalani, have some water.”
“No, sir,” Mr. Jethmalani said, his pitch suddenly high. “Please, no.” He looked even more shaken. “I want to speak… sir, I am ready to give up on the house and the paintings and whatever they want.”
Fuck! Aditi glared at Zubin, then back at her client, then back at Zubin. She had never abhorred her husband’s underhanded moves before this but this was a new low, even for him. He was using an old man’s emotions?
“My Lord,” Aditi thundered. “My client is talking from a place of emotional distress…”
“No!” Mr. Jethmalani cut her off. “I am in my full senses. Please don’t pass this restraining order, I am ready to give up on the rest.”
“My Lord, Advocate Daruwala has fallen to a new low, using something as sensitive as funeral rites to emotionally blackmail my client into giving up what is the bare minimum in this divorce. I plead you to kindly see this case as it should be seen…”
“Ms. Doshi,” Justice Deshmukh intervened. “Sit down.”
“My Lord…”
“I would like to hear your client.”
Aditi glanced back, and Mr. Jethmalani was taking deep breaths, his eyes on the judge.
“It’s ok, you can say whatever you want to say before the order, sir.”
“Sir, I didn’t even want this divorce!” He blurted.
“But it went out of hand and it kept going out of my hand. The things my wife does, the kind of behaviour, it’s embarrassing to be in the same room as her sometimes and she knows what I am talking about.
She was not like this, it was not like this.
I tried to accept it, I tried to not look at it or give it heed and do my own business but it became impossible and then the fights became the only thing we did.
And after every fight she fell sick. And I could not see her BP shooting up and down, and then weeks of recovery, only to come back and fight because I still couldn’t stand this sudden juvenile behaviour.
Neither of us was happy, and our fights wouldn’t stop and her health and her heart were…
sir, we are very separate now, but not so separate that I do not get to come back when it’s time for her to go or she doesn’t get to come when I go. ”
Silence again. His pants were the only sounds.
“Were you referred to a couple’s counsellor by the Family Court?”
He nodded. Aditi noted the judge gesturing to his associate to find the counselling report.
“Did you discuss this there, sir?” Justice Deshmukh asked, surprisingly patient even as the lunch hour was nearing.
“N…” Mr. Jethmalani cleared his throat. “No, sir.”
“What did you discuss there?”
“She made allegations, I mostly stayed silent.”
“Why?”
Mr. Jethmalani’s mouth opened, then fell shut. It opened again, looking painful as he let the words out — “I sensed that way the counsellor would decide faster and finish the sessions. It was getting very difficult to sit through them. The divorce was also stretching.”
The courtroom again plunged into silence.
“Madam,” Justice Deshmukh broke it, turning to Chandni Jethmalani. Her face was fallen, her cheeks swollen, eyebrows down. Aditi had not seen a more innocent-looking expression on an elderly woman, as if she were a little child.
“What is the reason you agreed to this divorce?”
Chandni Jethmalani got to her feet, her lips already wobbling. “I did not agree to it.”
“But you seemed to contest for the assets, not the divorce itself.”
She shrugged.
“Speak up, Madam. You have spoken plenty in this courtroom, speak up when it matters.”
She was shaking her head, her eyes watery.
“Chandni Aunty,” Zubin whispered, setting his hand atop hers. Aditi caught the gesture, Zubin’s hand squeezing hers. “Speak,” he blinked.
“He didn’t like me, he didn’t like my habits, he didn’t like my hobbies, he was ashamed of my dancing and my reels…! He says I behave like children,” her eyes began to water. “He loved that about me. He loved my innocence, he said. And now…?”
“Innocence is not dancing to vulgar songs and posting it for everyone to see just because they give you attention!” Mr. Jethlamani said out loud to the judge.
“If I go where else should I go? I don’t have any friends left!” Chandni Jethmalani shot back, her eyes on the judge.
“You have plenty of friends.”
“And they all have children’s children. All busy.
All my friends are grandmothers, sometimes taking them to school sometimes to birthday parties sometimes to classes and all that.
They are not free like before when their kids were studying.
I don’t have anybody! Even Zubin doesn’t come to the park in the morning.
Like him, so many kids are all grown up…
And he doesn’t care! He doesn’t look at me!
He doesn’t talk to me. How many years he didn’t even talk to me about anything properly.
Even on vacations when we go, he went for adventures alone. ”
“I wonder why…” Mr. Jethmalani retorted. “Sir, she can try the patience of a saint.”
“He is not some saint!”
“And that is why I gave up!” He shot out.
“That is why I got done! There is no explaining to her, there is no reasoning with her, she is so stubborn that she does exactly as she likes. You tell her, explain to her, she nods and agrees and then does exactly as she likes! Life is not lived like that! Age is also to be respected. She doesn’t respect it.
In fact, she has become worse with age. Always needing attention, always needing to crack jokes, however bad they are, even if to get pity looks from our friends, she just doesn’t know when to stop. ”