My first marriage occured in 2009. My son was born in 2010. My ex wife is into service and quite capable of earning. Our mutual divorce happened in August 2017. Since then my son is residing with his mother. But at the time of divorce an agreement took place where it is mentioned that i have to pay my son's educational and medical expenses( any fixed amount or upto which age of his is not mentioned) . I was complying by the rules but gradually i was being forced to increase the amount. Moreover there it was mentioned that she should be taking my consent before admitting son to any institution or before spending on any medical issue. But no such consent has been taken till date. Due to some unavoidable situations i could not pay the money for a couple of months. Now the situation has taken an entirely different turn. She is not allowing me to meet my son for even once. Rather she is demanding huge sum of money and repeatedly trying to harass me. I am the only earning member in my family but in her family everyone is a earning member. She has even threatened to file a case against me if I don't pay according to her whims but at the same time she is not sending any bills. Please tell me what should I do? My son is soon going to be of 9 yrs. Can I claim for my son's custody ? I have married for the second time , will that anyhow affect my custody claim or visitation rights? Please tell me what should I do as I am being repeatedly forced to pay huge amounts of money and also that I can't even meet my son once. Kindly let me know the possible ways to solve my grim situation.
Maintenance to Be Awarded In Case of Divorce by Mutual Consent
In cases of divorce by mutual consent the alimony or maintenance is to be fixed by the party through mutual agreement.
As per the agreement between the divorcing husband and wife (If they want it) a particular sum for alimony or maintenance is to be given either by the husband to wife or wife to husband as the case may be.
Maintenance are generally decided on grounds such as- gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property.
Custody of Child After Divorce by Mutual Consent
Since, the divorce is by mutual consent the couple have to come to an agreement as of who will hold the custody of the child.
Joint custody is the new legal solution situations where a deadlock is created as both the parents want their offspring.
A joint custody is such where only one of the parent will have physical custody while both will have legal custody.
Child’s wish and interest are kept in mind by the court all throughout.
Recently the Supreme Court of India held any agreement done between the parties at the time of the divorce by mutual consent if infringed by any of the party will amount to contempt of court.
If you both agreed for child custody and visitation, child support etc.and if your divorced wife refuse to follow up with the agreement, you move application for the contempt of court proceedings against her in the Family Court.
Child custody issue can be reopened on the ground of change of circumstance that too you can seek by moving application in the Family Court.
Welfare of the child is Paramount consideration any court take into consideration while deciding the issue of custody of the child, if welfare of the child is more in your custody, you will be given the custody of the child irrespective of the fact you remarried now. You have to see what all you can show to the court to get child custody in your favor.
Thanks for your valuable inputs & suggestions. One another query, can we produce messages, emails as proof of document in court? Also am I bound to pay all amount whatsoever she is claiming in the name of child's welfare, specifically like private tutions, extra curriculum activities as education or medical expenses?