Change in the child custody order passed after mutual agreement and that too within one month
ks
(Querist) 22 January 2017
This query is : Resolved
Dear Experts,
My cousin had applied for permanent custody of his 4 years old daughter and meanwhile applied for interim relief of bringing her twice a week.
After several months, Retiring Judge counseled both the parties and taken a written statement of compromise from both where they agreed for a twice a week visitation right. [ Which was happening earlier by mutual consent but later on stopped by his wife.]
Judge then advised them to give the time to rethink for child's future ( Since divorce was not filed by either of them) and closed the whole case.
Cousin's wife meanwhile applied for case of Maintenance in another court to pressurize him for divorce.
Now, just within a one month and that too when order was passed based on both parties's sign on compromise; how can my cousin roll back and again file for the final custody (without filing divorce) ?
(He also wants divorce but only in the condition if he is given the full custody of her daughter, for which his wife is not agreeing.)
Dr J C Vashista
(Expert) 31 January 2017
@ KS,
1. You are anonymous and as per rules any anonymous author is not entertained by experts on this platform.
2. Why are you so disturbed/perturbed/eager about the case(s) going between your cousin and his wife?
3. What is the opinion and advise of the lawyer appointed by your cousin? Did your cousin lost faith in his lawyer?
ks
(Querist) 31 January 2017
Vashista Sir,
1. Sorry, I don't know rules of the forum.[ Definitely this can not be the excuse of not knowing the rules.]
2 & 3. I am not the law student or legal expert. But I do drafting of the case for my cousin as his lawyer do not take so much interest after getting 100% advance. For that matter i get the help from this forum.He can not afford another lawyer now.
I will not ask any more question related to this case. Thanks for drawing my attention.
