BY SAM ALFAN.
A Kenyan celebrity fighting for full custody of his son has accused his estranged wife of subjecting the minor to violence.
Shiv Singh Benawra was granted custody by a Milimani children court against the child’s mother, Charlotte Victoria Morris.
The court granted the musician full custody of his son in 2016 “the plaintiff shall have the minor’s actual and physical custody pending hearing and determination of the case”, ordered the Nairobi Children Court.
Senior Resident Magistrate B. Kituyi further ordered that the minor should not leave jurisdiction (Kenya) of the court.
The court allowed the mother to access the minor while in Kenya.
“The minor’s access by defendant (Charlotte Victoria Morris) should be in Kenya and should be supervised by this court pending hearing and determination of the case”, ordered the court.
In April 2017, the children court issued another order restraining the father from taking the minor out of Kenya to another country pending hearing and conclusion of the case.
The two used to live in the United Kingdom before separating when the child was a year old.
Shiv moved back to Kenya where he has a stable income.
Through lawyer Danstan Omari, Shiv filed the case before a children’s court claiming the mother exposed the minor to violence.
He further said the minor was in dire need of care and protection. According to photos seen by NairobiTimez in the court file , they show the biting on the boy’s neck which is claimed to be caused by the mother’s boyfriend.
“Unless this matter is disposed and determined on a priority basis and ex parte orders granted on the principle of the best interest of the child, irreparable damage and prejudice will be occasioned ion the child,” Benawra stated in an affidavit.
According to Senior Resident Magistrate B. Kituyi, the minor’s access by his mother should be in Kenya and should be supervised by the court pending the hearing by all parties.
Shiv in court documents argues that Charlotte has no permanent place of abode and therefore cannot be trusted with the minor.
He accuses her of having no interest of the minor at heart and only uses the child to extort money from him.
Charlotte allegedly had a horrible upbringing as she suffered both mentally and physically in the hands of her parents who were also not well-off.
One day after a disagreement between them, she was sent to the UK to stay with her father.
Since Charlotte’s dad was sick and the two were surviving on the benefits he was getting which was not enough, Shiv would occasionally visit and send her upkeep money.
The two started dating dating online before getting married in Kenya in 2013 after Shiv’s mother sent Charlotte a flight ticket to come back to Kenya.
However the two then love birds travelled to India for a few years after their honeymoon and later to the UK where the minor was born.
She came back to Kenya for 10 days but she did not want anybody from Shiv’s family to touch the child since she did not want the minor to be brought up in an Indian Kenyan decent rather as a British citizen.
After their separation, he came back to Kenya and would visit his child occasionally.
They had a child arrangement order issued by the family court at Chelmsford England which allowed neither parent to remove the minor from England and Wales for a period exceeding 28 days without prior written consent of the other or in default of agreement and order of the court. The extension could be granted for 60 days.
After their separation, Shiv took the minor to Kenya with Charlotte’s permission for a period of 60 days but is allegedly yet to return him.
During this time Charlotte was staying with her boyfriend and had just separated with him and therefore did not have anywhere to stay.
She gave out the child in order to allow her settle down again.
Shiv decided to fight for custody after noticing how unstable Charlotte was and in addition, the minor had been assaulted by the so-called boyfriend.
He is pleading with the court to grant him full access to the minor as he has already enrolled him in a good school, has good housing, toys and a child friendly environment.
