Child custody/visitation
Tarot Kundu
(Querist) 23 May 2018
This query is : Resolved
Dear experts,
About two years back, my DOL filed a DV case against her husband, FIL& MIL. On out side court settlement it was decided for MCD. Accordingly, MoU submitted in first petition in the court. All the points are being followed meticulously, e.g. monthly maintenance amount sent to a 6yr.old male child, earlier transferred amount of 30 lakhs to DOL considered as one time alumni, child visitation of 12 days per month with overnight stay with father apart from 50% holiday and vacation access etc. Custody of the child is with his mother. As my DOL is well paid govt. employee no separate maintainance was claimed. DV case will be withdrawn before decree of divorce.
OP did not turned up on scheduled date of 2nd. motion. However, the agreed points are followed till date. After a span of more than 8 months of submission of the 1st. motion affidavit my DOL now threatened to unilaterally withdraw the petition unless an additional 20 lakhs amount is paid to her. Our lawyer is optimistic to execute the divorce with present terms.
However, my queries are:
1. If at all she withdraw the petition what should be our course of action.
2. The present child visitation pattern is acceptable to us as well as to the child. If we go to court for GWA /HMGA act for child custody/visitation, the present joint petition of child access pattern ( proved to be working alright) will be considered by the court or not.
With regards.
Tarit kundu.
Ms.Usha Kapoor
(Expert) 24 May 2018
If she is well educated and well employed no need to pay any maintenance or Alimony. She is lucky that even thpugh she is earning well trough her present job you've paid 3000000 rupees as Alimony.You don't need to pay any alimony.
Ms.Usha Kapoor
(Expert) 24 May 2018
Dear Clients,
A Caterina of Judgements are there that no maintenance and no alimony TO WELL EDUCATEd AND WELL EMPLOYED WIFE. click THE FOLLOWING LINK.
https://www.quora.com/Is-a-husband-liable-to-pay-alimony-maintenance-in-India-if-he-gets-a-mutual-divorce-from-his-wife
Tarot Kundu
(Querist) 24 May 2018
Thanks for your word of advise which will be definitely taken care. However, I want legal expert advice on the specific queries made in the original post. Please suggest. Thanks in advance.
Tarot Kundu
(Querist) 24 May 2018
Thanks for your word of advise which will be definitely taken care. However, I want legal expert advice on the specific queries made in the original post. Please suggest. Thanks in advance.
rajeev sharma
(Expert) 24 May 2018
1. You have stated that an out of court settlement was arrived at . Whether it was filed in the court also? Whether any order by the court was passed. Whether the fact that you have paid Rs. Thirty Lacs as alimony is on the record of the case? if this all is on the record of the court the withdrawal application will not be allowed. While deciding withdrawal application the court is bound to examine whether there is any possibility of the couple leading a married life in future.You have a right to contest the withdrawal application. Gather evidence of making threat also talk on phone and record the conversation
rajeev sharma
(Expert) 24 May 2018
2.If any withdrawal application is filed you may move an application to continue with the present arrangement and the court generally allow such application if the arrangement is working well.
Kumar Doab
(Expert) 24 May 2018
There are many threads on similar query that you can search in SEARCH option in threads, Articles, Files e.g;
Article under my profile
“Withdrawal of consent for divorce”
http://www.lawyersclubindia.com/forum/-179659.asp
and pick up relevant points
Kumar Doab
(Expert) 24 May 2018
Rest ; Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP and proceed in best of your interest.. ASAP.
For such counsels; Check at LOCAL Civil Courts, HC,SC……..
The necessary action is to be taken by you and your lawyer.
Tarot Kundu
(Querist) 05 June 2018
Dear experts, I am sorry in delaying to appreciate your advice to my query due to some ailments. I extend my thanks and gratitude to your kind words. Special thanks to Rajeev sharma sir. I would like to let you know that,
1. A joint petition along with an affidavit before the dist. court submitted under sec 13B of HMA. No order so far. Yes, it is written in the joint petition that Rs.....Lakhs paid to pet.ll (dol)during cohabitation shall be deemed to be adjusted as one time settlement of maintenance to pet.ll(dol)from pet.l and his family members.Alimony term not used.
2. Rs....Amount to be paid per month for the child(custody with mother) utilized for his education and incidental expenses.-- followed maticulously.
3. Cases lodged by dol will be withdrawn just before decree of divorce.
4. A residential flat to be sold and money will be distributed--- both side responsibility. Not getting any buyer so far.
5. Threatening for withdrawal made through a middle man, who not willing to be a witness. No scope to audio record.
6. Could not understand your remark on "possibility of the couple leading to a married life in future..." do you mean about the individual second marriage of each one or about cohabitation?
7. We are interested about enhance access to the child. Presently with alternate weekend overnight access and 50% vacation and holidays. Is there any way?
8. Our advocate is optimistic on divorce only.
Kindly give your valued advice.
With regards,
Tarit.
