Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Divorce case

me ad husband got huge fight n my husband wants divorce n we hv baby 3 years . now husband family and our baby is in pune n i came to my fathers house in mumbai.  my husband found one lawyer from family friends. during that fight we decide that baby will stay with husband bcz in my maternal family no ladies  is there the house to look baby as i am working women. my husband family they are ready to give alimony amount to me which discus in family meeting. I have tried a a lot for reconciliation but husband is not ready for that.

 some how they manage from me to get sign on first petition.( that petition they written that i cant meet baby after divorce  n all i hv told them its not right n all but they didnt listen) that time my mental health was not good due to such type of divorce decision.  after that i hv requested them to give baby custody to me n give her education maintainance . so for baby eduacation  maintainace they are not ready, they are ready for giving me alimony amount whichever fixed in familly meeting. So i have decide that i will keep my baby to my husband i will take visitation rights. but decision is pending from husband side. in whole process from few days my husband family are not allowing me to talk with my child on video call and our mediator lawyer they are also not receiving our calls nor that mediator respond our calls.

my question :- during such in-between mutual divorce process what can we do for visiting baby or video call?

what to do if lawyer is not responding our call?



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     27 June 2023

You file a child custody case under guardians and wards act and seek visitation rights as an interim relief.

Don;t sign trhe divorce papers until the issues are soleve amicably

 

kavksatyanarayana (subregistrar/supdt.(retired))     27 June 2023

I agree with the above expert's advise.


(Guest)

Thank you everyone for all valuable response. We don't want to threaten the topic. Bcz our mutual divorce case is going into the Pune court. I just want that my husband family n his family members allow me to talk with baby on video call or once in a month I can meet baby . Sir For that also I have to file child custody visitation case? 

T. Kalaiselvan, Advocate (Advocate)     27 June 2023

You have apporoached this forum for legal solutions to your problem, if you can solve it outside then there is no necessity to approach this forum.

You were properly advised to approach court of law to get a solution that would be legally valid because all your efforts otherwise will not fetch you the desired results, especially if your in laws are adamant about not allowing you to talk to your child.

now you can decide whether to apprach court for a legal relief or to remain suffering with the problem without finding any solution to your reconciliation or the attempts you may make without involving legal procedures 


(Guest)

Thank you everyone for all kind response. 


(Guest)

Ok thank You Sir/ Maam for legal response.. Definately i will look into it. 

Dr. J C Vashista (Advocate )     28 June 2023

@ Eshani Rane,

You have voluntarily (without any threat, coercion, pressure or llurment) agreed to give custody of child to your husband and accpted that you will not meet /talk with the minor , which should have thought of well before signing the Memorendum of Agreement and petition for mutual consent divorce. 

Moreover, you have not raised the issue (of custody /visitation rights of minor) in the Court in your first motion of mututal consent divorce, otherwise the Court shall never give custody of a 3 year old baby to father, if you would have been concerned with your baby.

You are entitled to seek custody of the minor through the Court, wn ur hsbnd n hs fly do nt accept. (Btr  avoid SMS lngug as u hv bn dng.

You must have also sought legal and social advise from your lawyer / family / friends /well wishers (if any) before accepting terms and conditions of the Mutual Consent Divorce, including custody / visitation of minor. Besides this, it is incumbant upon the Trial Court (MANDATORY) to clarify from both petitioners about  custody of child and alimony before passing an order on petiton, which you have either ignored or concealed in your post.

It is absurd to put such remarks for the obligation of a senior experts stating inter alia, that, "....We don't want to threaten the topic. Bcz our mutual divorce case is going into the Pune court...." if so, has anyone invited you to post your problem on this platform where legal experts are providing social service FREE OF COST.???

Answer has to be nagative, accordingly It is better and advised to mend your ways and give due respect to all especially the professional(s) investing their time, efforts and acumen for the needy litigants and society.

Best Wishes

Major (Dr). J C Vashista, (Retd)

Advocate

Supreme Court of India...
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register