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Mutual divorce

(Querist) 24 February 2012 This query is : Resolved 

My wife filled a DVA & I have filled RCR , Visitation Rights for my 3 old kid. Now She Decided for Mutual Divorce to withdraw DVA as it is a false case. When I askd My lawyer about visitation rights. He told We can file a affidavit on that time. I am also ready to give financial Support to my kid.

My ques is:

1. Can I insert Visitation Rights in Mutual Divorce Draft?

2. If I didn't mention about the Visitation rights in that. Can I file a case again on visitation rights?

3. Can I have sample draft on mutual divorce petition with visitation rights?
Shonee Kapoor (Expert) 24 February 2012
1. You can mention the same.

2. You can always ask for modification of visitation rights.

3. Never go with drafts, prepare your case based on your facts.


Shonee Kapoor
Deepak Nair (Expert) 24 February 2012
1. Yes. You can insert visitation rights in petition for mutual consent divorce.

2. Yes.

3. No. You have appointed an advocate and he is competent enouogh to draft one.
V R SHROFF (Expert) 24 February 2012
1. You can claim visitation rights in petition for MCD

2. U Can file a case again on visitation rights.

3.YOUR advocate WILL draft IT.
Rajeev Kumar (Expert) 24 February 2012
1. You can insert the visitation right in mutual consent divorce. 2. Yes.3. No you should appoint the lawyer for draft and acting on your behalf.
Adv.R.P.Chugh (Expert) 24 February 2012
No matter what the terms with respect to visitation rights they are always capable of being varied/changed as per changed circumstances and needs of the child. Whatever is conducive for the child's welfare. Child custody orders are never final !
Advocate Rajkumarlaxman (Expert) 24 February 2012
from your version it is not yet drafted and why evade chances just insert the clause relating to visitation rights and move further. prevention is better than cure.
Hari haran (Querist) 24 February 2012

My lawyer and a staff in the court says that it is not possible to ask two prayers in one petition. Mutual Divorce should be separate & visitation rights should be separate. My wife is planning to give divorce only and not visitation rights.
please give me a solution to this problem.
Deepak Nair (Expert) 24 February 2012
It is the court, not your wife who gives the visitation rights.
Hari haran (Querist) 24 February 2012
Ok Nair Sir..
Raj Kumar Makkad (Expert) 24 February 2012
A person can demand as many releif as he may in a petition but it the finality of the court which is provided therein so you should not fear upon the hearsay advice of staff of court.

If his advice is weighty for you then why are you wasting time of experts here?
Shantilal Pandya (Expert) 25 February 2012
You can certainly ask for child visitation rights even in MCD petition since the court has jurisdiction to make suitable orders from time to time with respect to custody etc of children in ANY petition under the Hindu Marriage Act. Please refer se. 26 of the said act
Hari haran (Querist) 25 February 2012
Dear Raj Sir,

Sorry That I am Just asking a doubt & I Didn't mention that they are correct & Your's are Wrong. I just mentioned that They Are telling me like that. I was guided by 3 different ways for Visitation Rights.

1. My intention is to insert V.R In MCD?

2. My lawyer Is telling That we can't insert V.R IN MCD. But U can Give 2 different Petition For MCD & V.R?

3. My Opposition Lawyer is telling that just tell in the court about V.R in the Time of Evidences of MCD. When the judge asks me I will tell No Objection. So that U will Get MCD along With V.R in the order?

i don't know hoW to do? Plz Understand That I know only 5% of your knowledge in regarding LAW.
V R SHROFF (Expert) 25 February 2012
I recd Order for Many Consent Divorce, that include in consent Term, Division of Property, Maintenance of Children, VR all inclusive, Full & Final.

One can include all terms in CONSENT TERM , that is a base for MCD. CT is included in Order.
Shonee Kapoor (Expert) 25 February 2012
The mutual consent divorce petition can be exhaustive, there is no need for two petitions.


Shonee Kapoor

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