Change in statements in divorce papers after 2 hearings- possible?
Chand Singhania
(Querist) 22 October 2014
This query is : Resolved
Dear Experts,
Case history:
It is MCD, both agreed mutually.
In divorce agreement it has been specified that child aged 3 years will be staying with mother as she is a state govt. school teacher and has good earning and will meet the father whenever the child want and father and other family members can also meet the child. Father have to bear the educational expense of the child. It has been agreed by both the parents, paper signed and the divorce case is going on in court. Both husband and wife gone to magistrate and 2 hearings has been done. Magistrate asked to think again on the decision of separation as per rules and have asked to meet again after few days. That will be 3rd hearing. Now the wife is saying that she do not want to keep the child with her, the child should stay with the father. But the father do not want to keep the child as he stays out of India almost 15-20 days a month due to professional life.
Query:
1. Is it possible to change the statements of divorce paper at this point of time?
2. Is the wife can stop the divorce process by raising this point inspite of agreeing earlier, after signing the paper and attended 2 hearing before magistrate?
3. Mother being a govt employee and father being a professional who have to stay outside India in different countries all the year around, court will ask to keep the child with whom, Father or Mother? age of the child is 3 years and Father do not want to keep the child also with him due to the reason given above.
V R SHROFF
(Expert) 22 October 2014
is it MCD/ or Legal separation??
Your Query is ambiguous.
Devajyoti Barman
(Expert) 22 October 2014
1. yes by making amendment of pleading.
2.yes
3.In MCD parties determines the custody , not court.
Rajendra K Goyal
(Expert) 22 October 2014
Author, reply the questions raised by the expert VR SHROFF.
ajay sethi
(Expert) 22 October 2014
surprisingly both parents dont want child . give child in adoption to a needy couple . get divorced and contact adoption agency to give child in adoption . why should child suffer on account of selfish parents who only care about themselves and not the child
