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A Mother’s Desperation: High Court Forgives WhatsApp Plea Amid Custody Battle

In a case that underscored the depths of parental anguish, the Bombay High Court recently accepted the apology of a mother who messaged a judge via WhatsApp during her custody appeal. The woman admitted to reaching out to the judge directly, citing emotional stress and desperation as her motives.

Justice MM Sathaye, who presided over the case, emphasized the seriousness of her actions, cautioning her against bypassing legal channels in the future. While her conduct was deemed an attempt to influence the judicial process, the Court opted for leniency, considering her emotional state and the sensitive nature of the case.

The mother had been appealing a district court’s decision that granted her husband temporary custody of their six-year-old daughter, with visitation and video call rights allotted to her. After Justice Sathaye declined to stay the lower court’s order, she resorted to messaging the judge, an act the Court described as “bordering on contempt.”

Initially, the judge blocked her number, only to receive additional messages and videos from another number. When confronted, the mother admitted to her actions and submitted an affidavit apologizing for the breach.

In response, the Court noted her apology and the explanation of her emotional turmoil, ultimately discharging the notice against her. While her conduct was criticized, the resolution reflected the Court’s recognition of the intense emotions involved in custody disputes.

Through the ordeal, the mother’s legal representation shifted, with her first advocate withdrawing due to her actions. A new legal team stepped in, helping her navigate the aftermath and submit her apology.

Justice Sathaye’s final caution served as a reminder of the sanctity of legal procedures, even in moments of personal crisis. The case remains a poignant illustration of the fine line between desperation and decorum in the quest for justice.

 

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