Case Study: Analysis of Ethical Issues in Family Law: S's Case

This case study outlines the facts of a family law dispute involving a woman (S) and her ex-husband, focusing on ethical issues related to divorce, child custody, and property. The case highlights allegations of abuse, social isolation, and manipulation. The analysis identifies key stakeholders, including S, her ex-husband, their children, the judiciary, and social support systems. Ethical considerations include the impact on the children, the establishment of a rightful value system, and the right to rehabilitation for S. The study explores the ethical positions of each stakeholder and potential outcomes, emphasizing the vulnerability of S and the importance of ensuring her access to justice, social support, and legal aid. The case examines the ex-husband's intentions regarding custody and property, and the potential for court intervention, including counseling for the children and conditions on the ex-husband's actions. The case underscores the complexities of family law and the need for interventions that prioritize the well-being of all parties involved, especially the most vulnerable.

Case Report

Outline of the facts of the case
 The genealogical chart of S’s family gives us an idea that two of her sons are living with
their previous foster father, three of them are still with S. The elder son of S has already
moved away from the family. He is a non-existing or ex-parte in this case.
 The testimonials are given by S give us a clear idea of mental and physical torture. The
mention of financial abuse also makes things unfavorable for the S to continue with her
previous relationship. Sexual and physical abuse certainly tops the list that forced her to
leave the relationship. Her husband according her is a clever man with beastly tendencies.
 S is a victim of social isolation because she has no friends and same-age peers to support
her mental conditions. Her parents are supporting her but it can be considered feeble
support because of their age and limited source of income.
 The conspiracies of her ex-husband are also alienating her from her kids and this fact is
adding to her isolation even further. He is doing it because he wants ownership of the
residential property.
 S’s ex-husband has trapped her off guard and now he is keen to take the custody of the
three sons from the previous marriage.
 Right now the issue of her four-year-old child is of great concern for her because he is
too young to be left without a mother.
 The bone of contention is a residential house which is joint property.
 According to S, her Ex-husband is trying to manipulate her kids and strengthening his
position as the right suitor of the house.

 The stance and intentions of her ex-husband are unclear because the corroboration of
certain doubts requires a gestation period.
 Recently she started receiving aid from government agencies.
The above-mentioned facts give us a clear idea about the case of S, she is a victim of isolation
and conspiracy hatched by her husband. There may be other strings attached to the matter,
however, prima facie, she is deprived of her fundamental rights and finding it difficult to restore
her life after a bad marriage.
Relevant Ethical issues
Mal-effects on the kids
Looking at the case from the point of view of a social activists, the first ethical issue that appears
in the mind of a person is related to the mal-effects that are polluting the mind of the sons of S.
Ideally the issue of divorce and other settlements should be resolved in the best amicable way to
mitigate the negative Mal-effects.
Ethics related to the creation of the rightful value system
The husband of S is taking the undue advantage of the situation, it seems that he is on a vendetta,
it is very important to introduce “a rightful value system” between their communication “on and
off” the court premises. Courts can discuss about their wealth-related rights, however, there is
more to life. For instance, S is under consistent stress.
Ethical issues related to the “right to rehabilitation”

In the case of S, it is visible that she needs the support of external agencies to sustain life after
this traumatic period, this is why it is important for social and government organizations to help
her in practicing her “ right to rehabilitation”.
Ethical decision making raised by the stakeholder
The facts of the present case study help us in identifying five major stakeholders in the process.
S, S’s ex-husband, and her sons are top stakeholders in the problem. They are the parties that are
directly affected by any decision. The rest of the two stakeholders are judiciary system and the
social support system created by NGOs and government-aided departments.
In the present case, the sons of S have made their choices, they are ready to live with their
stepfather, it is an ethical choice because everybody has this right to choose the right place where
he can survive well. The position of the husband is unclear on ethical grounds. There are two
ways to look at the situation. Three sons of S which are not a part of the genogram of S and her
ex-husband decided to live with her ex-husband. Ethically he is correct and righteous in this
regard.
In the legal terms when he got married to S, he readily accepted three responsibilities in the form
of S’s sons from the previous wedlock. His stance is correct because he is not running away from
the responsibilities that were awarded to him from a previous marriage. S’s predicament to keep
her kids from the ex-husband is right, as a mother she deserves the company of her biological
sons.
Here we need to examine the blame made by S under different light; she is saying that her
husband is manipulating her kids. Five sons of S are capable of making right or wrong decisions.
They are aware of the consequences and the fruits of the choices that they are making.

This condition also refers to the condition of isolation that S is facing. As an external agency, it
is the duty of the rest of the two stakeholders to ensure justice to her. The facts of the case are
not favoring her blames because her ex-husband is pleading for a better life of the kids.
Here external agencies should evaluate the best interests of each party. The prima facie value of
the facts state that the intentions of S’s ex-husband are not maligned, he is not running away
from the responsibilities. Kids are also well settled with him. There is a strong probability that a
legal proceeding will also support S’s ex-husband in his plea because of this stable financial
condition. However, it is important to have looked at the status of S, in the present case, as a
stakeholder in this complex scenario, she is emerging as the weakest link.
Most of theories about the social ethics give us an idea that the interests of a vulnerable subject
should be served in the best possible way, this is why it is important for the fourth and fifth
stakeholders in the process should take extra care of S because she is the most vulnerable and has
no support system.
In the absence of this system, it becomes an ethical responsibility of the NGOs and Court to
make sure that S is getting proper care, social support and necessary legal aide to battle out her
case and figure out justice.
Possible Outcomes of the case
Cases like these are complex enough and sometimes time can become the best ointment. S has a
doubt that her husband is scheming, he is pretending that he cares for the kids of S with an
intention to hold the rights of the residency. The assistance given by the court and NGOs can
first bring S in a position where she can demand justice and face the scheming plots of her
husband.

She can appeal the court authorities to send her kids for a counseling session to judge them for a
probable brainwash done by her husband. The court can also put heavy conditions on her
husband and check his willingness to foster the kids in a worry-free and positive environment.