RAJ MALHOTRA V.

SHIVANI MALHOTRA

( 19BA113- PETITIONER )

EXAMINATION IN CHIEF

May it please the court, I am Raj Malhotra a father of two. Originally, I am from Punjab but I’m currently residing
in New Delhi. I met the Shivani during our MBA program in London. We fell in love and decided to get married,
which we solemnized in a Hindu ceremony in London 9 years ago. However soon after cracks began to appear in
our picture happy world after the birth of our children. She was more focused on our children and I was the only
one left with taking care of our kids and our house. The constant arguments and fights at home became unbearable.
So, to protect our children, we decided to mutually get a divorce.
Unfortunately, the London courts give preference to mothers when it comes to custody and the same happened in
my case as well. She has primary custody while I have weekend custody from 10 am on Saturday until 8 pm on
Sunday.
On January 3, my father in New Delhi fell seriously ill and due to the life threating situation my father was in, I
hurriedly came to India given the urgent situation. In my haste which I had forgotten to take Inform Shivani about
my same.
After coming back to India, one of our mutual acquittances told that Shivani has begun a live-in relationship with a
divorcee named Ajay Khanna. She had also taken our children to live with her in Ajay Khanna's house since the
previous week. As a modern man I firmly believe in my wife’s right to move forward in life and am proud of her.
Unfortunately, what I don’t agree with is how she has dealt with this relationship with respect to the well-being of
our children. She has also taken our children to live with her in Ajay Khanna's house since the previous week. What
will be the impact of this new relationship on our children. She barely knows this man and has taken our kids to
live with him. Sure, she can do whatever she wants but our children and their Safety should always be her 1 st
priority.
Taking into consideration the growth and development of our children, which allows them to have a better
understanding of our culture and heritage and my father’s dire health, I took the step of initiating custody and
guardianship proceedings before the Guardian Judge in Delhi, in accordance with the Guardian and Wards Act
1890. In my submission, I underscored my role as the natural guardian of our children, highlighting that they are
presently under my guardianship within the jurisdiction of the Indian Courts. I firmly believe that it was in the best
interests of the children to remain in my custody. I made it clear that the Respondent could still meet the children
whenever she visited New Delhi, and I committed to providing for their maintenance and education. The children
had already been admitted to a reputable school in New Delhi and had made friends.
When it comes to caregiving my mother is a house wife and is fully committed to raising the children. It is said it
takes a village to raise a kid. I have that support system which we lacked previously and the children will grow
surrounded by love care and affection. I highlighted that my mother, who is a homemaker, is available at home and
fully capable of caring for both children. While acknowledging my regret for not following the London Court's
consent decree, I argued that the paramount concern should be the well-being and welfare of our minor children.
I respectfully submit this testimony to the court for its consideration.
 CROSS EXAMINATION

1. Ms. Shivani who was the primary caregiver when you were married?
2. Was Mr. Malhotra a good father and husband and was he in any way you abusive towards you and your
kids?
3. You mentioned you were an executive working in a high-profile job. What were your usual working hours
and Who took care of the kids when you were occupied with the work?
4. Did you have a support system in place to take care of kids?
5. What would you describe as your parenting style? Rohan mentioned that you once hit him because of a
small mistake. Did you frequently use physical force or raise your voice when dealing with your kids?"
6. When did you start seeing Mr Ajay Khanna and When did you introduce Mr Khanna to your kids?
7. Is it true you have moved into Mr Khanna’s house?
8. What role have you envisioned for Mr Khanna to have in your children’s life? Is it as parental figure
because they mentioned only receiving materialistic things from him.
9. What would happen if you were to break up with Mr. Khanna in the near future? Would you move out, and
have you considered what kind of psychological impact that move would have on your kids?"