Mou-divorce
Guest
(Querist) 30 December 2011
This query is : Resolved
If in a divorce mou,husband relinquishes visitation willingly , can this issue be opened at the time of hearing of divorce proceedings though that spouse has signed in mou that non compliance of terms will amount to prosecution.
Devajyoti Barman
(Expert) 30 December 2011
The MOU has no force in law unless the same are reproduced in the mutual divorce petition.
A legal right can never be waived and getting visitation of the child is a legal right of a guardian ans that too for a natural guardian.
So forget about the terms and see the child even after divorce.
If the wife refuses there are plenty of legal measures to enforce your right.
It is your child and in no circumstances you should severe relation with him/her.
vinay vaidhya
(Expert) 30 December 2011
No. husband MOU regarding visiting rights is not valid in law
Guest
(Querist) 30 December 2011
What if husband has neglected the 6 yr old child.he had kept him only for 2 yr.,that too after social compromise.never spent a penny on him during that period.
is nt neglect a ground for taking away the right of visitaion frm the guilty parent?
Devajyoti Barman
(Expert) 30 December 2011
No it is not.
For such things you need to file case for maintenance.
Do not forget a child need both parents.
Mother can not take the place of a father nor the father take that of a mother.
Guest
(Querist) 30 December 2011
Sir,I think plenty examples of manipulative and emotionless people are there in our society who kill girls for dowry .Marriage is only a business to get dowry for them. they have no feelings towards wife or child.So it is better to be without father for such a child.Thats why this query.
V R SHROFF
(Expert) 30 December 2011
Relationship , of Marriage, that is most sacred, accepted universally, had produced you and me, is a starting point of home/ town/ state & Rule, Ruler, is mis-understood, and mis-managed.
As Far as ur query of MOU is concerned, any Agreement , against the Law are invalid, void ab -initio, and not binding
Shonee Kapoor
(Expert) 30 December 2011
This question has been answered before too.
Child Visitation and Custody can always be re-opened if the welfare of the child demands so....
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 31 December 2011
Experts are right. Divorce deed or MOU with respect to divorce are invalid in teh eyes of law. divorce, maintenance, custody etc can only be decided by the court.
prabhakar singh
(Expert) 31 December 2011
The buzz word MOU used now a days fashionably every where is not recognized by marital laws,their existence, if any,is illegal and experts have rightly spoken on your topic.
