Dv act and child custody

Tanaaz shaik (Querist) 24 April 2014 This query is : Resolved
Dear Experts,

Please advise that one of my friend(male- respondent)was charged under DV Act 2005, during the trial petitioner and respondent had agreed for consent terms and get divorce in court. court have already passed an order for divorce by consent terms in the court of first class. and in the consent terms it was clearly mentioned as follows`` the parties have agreed that the petitioner shall have the permanent custody of both the minor children till they attain the age of majority and till then she alone shall be responsible for their upbringing, education, moral and religious values. the respondent shall not challenge or agitate the custody of the children before any court of law''. now the situation is that the petitioner is having an affair with another person and their elder son age of 12 doesn't like this, and he wants to come back to his father and stay. my question is:-
1. can the respondent file for custody of his elder son? on the grounds of his son statement?
2. can court ask the 12 yr child for his decision?
3. can father succeed on this ground that his son is not willing to stay with his mother as she is having a affair with other man?
4. now the son is staying with father as he is not going back to mother, can there be any problem to his father?
please advise thanks a lot for your responses.

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Tanaaz shaik (Querist) 24 April 2014
Dear Experts,

Please could you arrange to send me the petition or application for child custody or Application for modification of court order from the respondent as a father? much appreciate.

Rajendra K Goyal (Expert) 24 April 2014
ready made formats /petition /application is not provided.

Devajyoti Barman (Expert) 24 April 2014
Formats are not provided here.

Devajyoti Barman (Expert) 24 April 2014
1.yes
2.yes
3. yes
4. No

Ignore my earlier reply.

T. Kalaiselvan, Advocate (Expert) 25 April 2014
Agree with Mr. Barman's opinion and advises to your query. In case of any petition by her in the court for custody, the child's opinion will be sought for and sometimes the child will be asked in person by the judge about the facts of the case, which will be in your favor.