Part 43 - Appeal (6)

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'That's all very well, Mrs. Sharma, but it's in the past. Let's focus on the present now', said Mr. Srivastav, strongly, fresher for the new day.
Akshara smirked. That was what she had been saying since the first appeal hearing. She saw the exasperated look on the Judge's face as well.
'As you say, Mr. Srivastav', said Akshara, knowing that now the real appeal had started. The defences, proofs and testimonials now would make or break her case.
Kanha ji, please keep Your Blessings on us.

'As soon as Dr. Birla won the sole custody of Abhir, changes were implemented drastically in his life. It was as if Abhir was being moulded into an ideal Birla, the unwanted parts being cut and gotten rid of and replaced by 'pure' parts. As if Abhir wasn't a 6 year old child but an object which was being hastily modified to fit into a pre-decided environment. Abhir's school was changed, his football..'
'What did you want Mrs. Sharma? For Dr. Birla to charter a flight everyday to drop Master Abhir to Kasauli local school? Of course, he had to be put in a school close to Birla House in Udaipur!'.
'Mr. Srivastav', said Akshara, her patience running thin, 'I want nothing from Dr. Birla. My point was that a number of changes happened rapid..'

'Your Honour, this is frankly nonsensical. Dr. Birla has gotten Master Abhir admitted in the best school in Udaipur mid term, after the gap imposed by Master Abhir's health recovery. I don't need to emphasize to this Honourable Court about how difficult it is to do that. And Mrs. Sharma has an issue with that too!'.
The Judge sighed, 'Mr. Srivastav, if you had let Mrs. Sharma complete her points, we would have understood better and had she implied what you are suggesting, I myself would have questioned her about it.
Mr. Srivastav, you have developed an unpleasant habit of interrupting which continues inspite of my repeated warnings to you'.
'I apologise, Your Honour', said Mr. Srivastav, superficially.

'..Your Honour, moving from Kasauli to Udaipur is a climate shock as well as a culture shock for any person, more so for a child. Plus that was only few of the things Abhir was grappling with. His family had changed overnight too. While one has to adjust immediately to the weather and culture, atleast the family transition could have been smoother.
As admitted by Mr. Srivastav himself, Abhir joined the school mid-term. For half a year, Your Honour, Abhir could have not attended the best or rather the most elite school of Kasauli. He could have gone to a school that was similar to the one he attended in Kasauli for just 6 months and that would give him some familiarity. With Abhir's marks and Dr. Birla's influence, Abhir could have secured admission in the elite school even after the full year..'.
'So, there is a deeper selfish meaning to this too, Mrs. Sharma? A father choosing the best school for his son instead of the second best?', asked Mr. Srivastav, sarcastically.
'..Abhir grades have plummeted after joining the so-called best school. He has failed his exams when previously he used to top them! More worryingly, the Principal of his school complained about his misbehaviour with the class Teacher and students and warned us about rusticating him!
Yes, there was a deeper selfish meaning to all this. To remove every trace of Sharma in an instant at any cost and turn Abhir into a 'superior' Birla', fumed Akshara.

'Mrs. Sharma, you are making a moutain out of a molehill! Kids take time to adjust. Here, Master Abhir has been returned to his roots, to his true family and inheritance. A family as rich, powerful and classy as the Birlas.
Thus, jealousy among the class kids regarding Abhir is natural - it is tough for them to accept an outsider as being one of them, better than them, especially in the middle of a school year. However, they will adjust quickly. Infact, most of them already have as we speak.
And which kid likes to study? It's always the first aspect of a student's life to suffer.
What a melodramatic rendition, Mrs. Sharma!', said Mr. Srivastav, trying to downplay the past situation.
'Mr. Srivastav',interjected the Judge,'You have been a part of enough cases of this Honourable Court to know that we do not value the potential of a student, especially a child, based on his or her grades. Therefore, whether Master Abhir is a topper or not is immaterial here. However, studying is the duty of every student. Failing is an issue, especially in this case. Habits of hardwork and discipline has to be inculcated from a young age. It seems Abhir already had those habits to some extent and some interest in studying as seen by his previous report card. Why is he failing now if he has been admitted in the best school as you say?'.

'Your Honour, it is just a temporary adjustment issue! Abhir has been acting out as every child his age does with such changes. He has had to deal with the fact that his entire life was a lie fabricated by the 2 people he loved and trusted the most. His true legacy of being a Birla child has overwhelmed him. The things and resources he was conditioned to think as luxuries are nothing but basic needs! Besides, Your Honour, the school which Abhir attends now has the best minds of Udaipur. With all due respect, the children there are much more intelligent and worldly wise than a local school. Topping here won't be as easy as in Kasauli'.
Akshara felt disgusted by the insinuations. Mr. Srivastav was subtly portraying kids with humble backgrounds to be less intelligent than those who were rich.

'Mr. Srivastav, 6 months have passed with Abhir being solely in Dr. Birla's custody. That's enough time for adjustment considering that Master Abhir already had a bond with a lot of the Birlas from before. As I have seen in the records submitted before me, Dr. Abhimanyu was fondly named as DocMan by Master Abhir.
And from when do children have to adjust with their personal rooms, immense number of toys, clothes or shoes? They are the things children receive joy from, not something they have to adjust with!
As I have already stated, this Court doesn't believe in toppers or ranking system. I caution you here, Mr. Srivastav, to not assume that local schools do not have children as bright as those in private schools. This kind of statements will not be tolerated here..'
'Humble apologies, Your Honour. That wasn't my intent at all'.
'..Now, has Master Abhir passed his recent tests?'.
'I am afraid not, Your Honour. Dr. Birla has changed his tutors and we can expect a postive change soon', stated Mr. Srivastav, trying to please the Judge.
The Judge wasn't impressed.
'What about his behaviour in class? That is the most pressing matter, Mr. Srivastav. Has Abhir managed to make friends in his new school as of today?', asked the Judge.

Mr. Srivastav wanted to lie as this was almost impossible to fact check for Akshara and Abhinav. They could know the truth but there wouldn't be any way of proving it.
Except for that d*mn kidnapping. So far, I have managed to keep a lid on it despite the school topic coming to the forefront. If I lie about Abhir having friends, Mrs. Sharma will certainly bring up the topic of his kidnapping and how not a single friend of Abhir came to their help as he DIDN'T HAVE ANY.
Mr. Srivastav sipped water slowly, trying to delay the inevitable.
It was a cursed day when this d*mn Mrs. Manjari walked into my office. I thought it would be an open and shut case in front of a rookie lawyer. The case that would be like a rocket to my career and launch me into the inner circle of powerful families like the Birlas.
Here, I am having to deal with her weird son who is more into Abhir's mother than Abhir. And the screeching Mrs. Manjari, Heavens help me! She was the actual custodian of the kid all along and if the Judge realises that, it is me who will have to bear his fury.
Nothing has gone in my favour so far, what should I do? Think! Think!

'Mr. Srivastav', prodded the Judge, gently,' Are you feeling fine?'.
'Hmmm?..Yes, Your Honour. I am perfectly fine. I am sorry, I think the heat got to me'.
'That's okay. Please proceed'.
'No, Your Honour. What I mean to say is that Master Abhir has not been able to make new friends as of now and the reason for that is the constant instigation by Mrs. and Mr. Sharma. Their regular interference has made Master Abhir unable to adjust with anyone or anything . Master Abhir remains torn between his past and present , neither fully here nor there thanks to the Sharmas who keep guilt tripping him about minor things. It has happened before the custody too, Your Honour, where a simple pair of good shoes had set off the Sharmas so much that Mrs. Sharma actually created a commotion in my client's residence.
Truthfully, the custody remained 'sole' only on papers, Your Honour. Dr. Birla's kind nature and love for his son was taken undue advantage of and Mrs. and Mr. Sharma remained the custodians in actuality. Fairly, they should have returned to Kasauli after handing over Master Abhir to Dr. Birla but they stayed back in Udaipur, at a mere 15 mins drive away from the Birlas to continually interfere and harass my client'.

Akshara wasn't surprised with Mr. Srivastav's speech. Now that Abhimanyu's negligence was going to get exposed, Mr. Srivastav was clutching at straws to distract the Court once again. It wouldn't work. Just like Mr. Srivastav had wanted the case to get dismissed on past events and had failed, he would fail this time too.
Abhir, we are fighting for you, Betu, and we will win you back. Keep your faith in us, Abhir.

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