Hello Sir/Madam,
Greetings
I have the following queries regarding ongoing Mutual Consent Divorce (MCD) proceedings
(Hindu Marriage Act)
Final hearing is scheduled in the next couple of days. The common Advocate for this MCD is appointed by my Wife and I have very little contact with that advocate.
1. Wife is denying Child Visitation(2 years old boy) and the common Advocate claims that child visitation rights/clause cannot be included/added in the current petition. (Please note: Child visitation related statement was not included during filing the first petition, because I was under the wrong assumption that my wife will not deny visitation!!). Advocate claims that I have to wait until the divorce order to be passed and then post that I need to file a separate Child Visitation rights petition through a different advocate. Is this claim and suggestion given by the advocate true?
2. Assuming above is true: Once the divorce order is passed, how much time period do I have to apply for child visitation rights petition, failing which the petition cannot be filed thereafter?
3. I understand that legally I have the child visitation rights and my wife cannot deny that. But if I file a separate child visitation rights petition, normally how much time would it take for the court to pass an order in my favour?
4. If I get child visitation rights through MCD, will it by any chance legally affect my remarriage in future?
If I have child visitation rights, but sometime in future if I stop visiting the child altogether for some unavoidable reasons, will there be any issues due to my non-visitation?
5. After the divorce, is wife legally permitted to move abroad or to any other place within India, with my child, without my permission?
6. While its comparatively easy for both I and my wife to settle the matter of child visitation in the current MCD petition itself, I am not sure about the background reason and intention, why my wife is asking me to file a separate petition for child visitation rights. Do you have any thoughts/inputs on this Sir, why she could be asking so?
7. Its mentioned in the existing petition that "There is no claim of Maintenance by the 2nd Petitioner(wife) presently and also in future". Thats the only single statement regarding maintenance/alimony in the petition. Is this statement good/strong enough to prevent my wife from claiming for any alimony and maintenance in future for herself and the child?
8. Is it mandatory to include in the petition that both the petitioners (Husband and Wife) do not have any concerns regarding remarriage after divorce? If this statement is not included, does it have any issues in future for remarriage?
