Hindu mother who raised Muslim kid wins his custody

AHMEDABAD: There are many similarities between the story of Vivek, who was born Muzaffar, and that of Azhar Mody, the Parsi schoolboy who disappeared from Gulbarg Society during the 2002 riots in Gujarat and inspired the Bollywood film Parzania. While Azhar is yet to be found, Vivek's reappearance in 2008 triggered a tug-of-war between two sets of parents — one Hindu and the other Muslim.

This custody battle reached the Gujarat high court which turned down a petition by the boy's biological parents seeking him back. The boy separated from his father, Mohammed Salim Shaikh, and mother Jaibunissa, during the Gulbarg massacre in Ahmedabad in 2002 in which 69 were killed. Six years later he was found being raised by Meena (alias Vina) Patani, a Hindu woman. Today, he is 13.

This case came up for hearing this week before Justice Ravi Tripathi, who dismissed the petition since the child has now grown up and can decide his own future. Jaibunnisa's counsel MM Tirmizi said they would challenge the order in the SC. The court has allowed the biological parents to meet Vivek every Sunday for the next six months. "We can also seek the boy's custody under the Guardian and Wards Act now," Tirmizi said.

The Shaikhs aren't happy with the order and said they had no option but to appeal in a higher court. It was revealed that a police constable had found the child in 2002 and taken him to his own cousins — Vikram and Meena Patani in Saraspur, who named him Vivek. Vikram passed away and Meena took the sole responsibility of caring for Vivek.

After DNA sampling established the relationship, the Shaikhs approached a magisterial court for Vivek's custody. The court wanted to know Vivek's decision, and he made it clear that he would stay with Meena. The court then dismissed Jaibunnisa's application. In 2008, Jaibunnisa filed a petition in the high court.

Justice DH Waghela offered a middle path and said the Shaikhs could keep the boy on weekends. The court suggested the child should be given enough time to adjust to his biological parents, an arrangement that lasted five years.TOI