Praveen Kumar (Not working) 10 September 2011

Custody rights

I had a mutual divorce agreement. now after 3 months the divorce has not been filed and wife is asking that I should give in writing that I wont file custody rights in future otherwise she wont give divorce. I am also to pay 7 lacs for child as FD. Can I still file custody case even after giving that in righting. My mother is not well so cant afford to delay divorce. Kindly advise

Reply Follow

3 Replies

Advocate M.Bhadra 10 September 2011

You can claim the custody of child under Wards and Guardian Act.,if your child is minor then the court would not pass an order in your favour,generally court see the welfare of child.

Adv. Chandrasekhar (Advocate) 10 September 2011

I cannot understand the relation between your mother's ill health and divorce decree expeditiously in your hand. Is your divorce decree cure her from her ailments? Or she is interested to get you tie with some other girl soon you get a divorce decree?

If you are not in the thinking of another marriage, then do not accept your wife's condition. I am not giving this advice just keeping your or your wife's interests into consideration. My main concern is only for your child. For her healthy growth she needs mother's love as well as father's love. So convince your wife that you will give custodial rights of the child to her but she shall give visitation rights (temporary custody) of one month in summer vacation and 15 days in chirstmas vacation. If she accepts for this, then only go for MCD. Do not put at stake the interest of the child for getting quick divorce. Again, if you are in the thought of another marriage, then give your wife full custody, because your daughter may prefer to live with her biological mother 365 days of the year instead of living 45 days with a step mother.

1 Like