Need help...
xxx
(Querist) 21 September 2011
This query is : Resolved
1. I do not wish to claim alimoney/ maintenance for the child in divorce.
2. The point of argument in Mutual Consent divorce would be Access Terms of the child.
1. Husband is having unrealistic demands towards the access of the child.
I need your advise on -
1. Should I initiate Mutual Consent divorce to stop court visits? However, if we go for mutual consent divorce, life for my husband would be very easy as I do not wish to claim anything and at the same time, he would get Access Terms agreed very easily.
2. If it is ONLY Access that is going to get decided in mutual consent divorce, should I just leave the way it is happening and let my husband make number of applications for each and every request to the court?
3. If we go ahead with mutual consent divorce and decide on Access Terms for the minor child, what if the child refuses to go to the father?
ajay sethi
(Expert) 21 September 2011
1)it is always advisable to go in for divorce by mutual consent .
2)since your not claiming maintenance and the only issue is child visitation rights it would be advisable to fix days /time wherein father would have access to child . similarly during child vacations the period of access can be fixed .
3) in consent terms it should be mentioned that father shall have access during period s mentioned herein baove subject to the child willingness to spend time with his father
Guest
(Expert) 21 September 2011
Why not claim alimony, which would be your right?
However, you can safely act upon the advice of Shri Ajay Sethi.
Shonee Kapoor
(Expert) 21 September 2011
1. I do not wish to claim alimoney/ maintenance for the child in divorce.
VERY RARE PHENOMENON, BUT IF YOU CAN HANDLE THE KID YOURSELF, IT IS GOOD.
2. The point of argument in Mutual Consent divorce would be Access Terms of the child.
HMMM, RESOLVE IT, CHILD NEED BOTH PARENTS, SO FATHER SHOULD ALSO SPEND SOME TIME WITH THE CHILD.
1. Husband is having unrealistic demands towards the access of the child.
WHAT UNREALISTIC DEMANDS
I need your advise on -
1. Should I initiate Mutual Consent divorce to stop court visits? However, if we go for mutual consent divorce, life for my husband would be very easy as I do not wish to claim anything and at the same time, he would get Access Terms agreed very easily.
IT IS BETTER TO GO FOR MCD, WHEN THINGS ARE NOT WORKING OUT BETWEEN YOU. LIFE SHOULD NOT BE WASTED IN COURTS AS LITIGANTS.
2. If it is ONLY Access that is going to get decided in mutual consent divorce, should I just leave the way it is happening and let my husband make number of applications for each and every request to the court?
LISTEN, LADY, CHILD ACCESS, CUSTODY AND MAINTENANCE CAN NEVER SUBSIST AND ALWAYS PRONE TO ALTERATION WITH THE CHANGE IN CURCUMSTANCES
3. If we go ahead with mutual consent divorce and decide on Access Terms for the minor child, what if the child refuses to go to the father?
YOU TRY TO CONVINCE THE CHILD IN INITIAL STAGE, THE CHILD WOULD BE MORE WILLING.
IT IS A REQUEST NOT TO BRAINWASH THE CHILD AT ANY STAGE.
REGARDS,
SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM
Raj Kumar Makkad
(Expert) 21 September 2011
Shonee has represented my views in proper way. I stand with him.
Darshan Shah / 09892727182
(Expert) 22 September 2011
Reply to point no. 3, child visitation is the legal right of the father and as per the HC order the child cannot refuse to meet the father, if the child refuses then the child has to be brought to the court for counseling and on the basis of the counselor's report it is decided whether the father is allowed to meet the child or not. If there is no genuine reason for not meeting the father then the child has to meet the father. Secondly as Mr. Shonee has stated "DO NOT BRAINWASH THE CHILD AT ANY STAGE". I totally agree with Mr. Shonee.
