Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kamal (XYZ)     02 September 2015

Breach of mcd agreements by wife after divorce?

I got MCD on last week.

As per MCD written agrement between us, she has to bring daughter (7 years old) to a park near her home on every second Saturday and Fourth Sunday. She regularly brought kid to park till MCD. Kid was happy with me and no problem. Last time, after MCD wife brought kid to park and said to me that kid dont want to be with me. She was forcing kid to bring the park. Kid showed fears to come with me. Kid stick on with her mother. Kid started to cry. 

 

I suspect that my wife mental poisoned kid against me. Wife told one of my friend that she dont want to see me again after divorce. She is not ready to send kid with her parents or relatives to meet me. She is tricky and says that tell me to facilitate other arrangements to see kid. She cant bring kid after her second marriage.

 

She can wash the hands by saying that kid dont want to see me. What can I do in this situation?



Learning

 7 Replies

prabhakar advocate (advocate)     03 September 2015

Yes Sir.  She is absolutely right.  A divorced wife does not want to meet her husband twice in a month in a park, be it to fulfill the agreement (how illogical it appears on the face of it) reached in MCD.  I am not denying your right to meet the child and also not rule out that she put something in the mind of the child about you, which made your child squirm and cringe to reach to you and it would be undoubtedly a big public embarassment for both of you.  To avoid this and also to ascertain your relationship with your child even after your ex-wife's next marriage, what you should do is, to move a petition for custody of the child along with the interim application for visitation rights.  This time the visitation rights shall not be executed in the public park, but you would pick up the child from her doorstep in the morning of two sunday mornings and drop her at about 7.00 PM at her door step.  You file the MCD agreement in custody court also, so that you get visitatio rights easily.  But, before going to court, you put the alternative proposal I suggested about visitation rights and if she agrees, then it is well and good and you need not go to court even.

Best of luck.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 September 2015

Was it her natural claim of the custody of the daughter during MCD? If so the court should have given official visitation rights to U.Its quite natural for the parent in whose custody the child is to brain wash regarding the other parent.Are U paying maintenance to UR wife and the child?

Kamal (XYZ)     04 September 2015

Dear Sainath Sir, Wife is employed, no maintenance for her and I deposit Rs. 3000 in daughter account. I filed RCR, while mediation we decided to file MCD. Wife was adament while mediation and I agreed the custody of kid to wife. She agreed to allow me to meet kid twice in a month.

Kamal (XYZ)     04 September 2015

Thank you Prabhakar Sir for informative explanation.

Kamal (XYZ)     04 September 2015

I am planning to meet kid at school. In former school, principal did not allowed me to see kid as per the instruction of my wife. Now kid in a different school. What things i have to care before meet kid at school?

T. Kalaiselvan, Advocate (Advocate)     11 September 2015

If you do not have court order to meet the kid as per the conditions of the said order,  any attempt made by you to meet your daughter privately will be construed as an offence.So Even now you can apply for custody of your child. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

Dear Querist

there is two option, first execute an agreement with your ex-wife regarding the visitation right to your child in school.

or 

file a child custody case before the family court.

 

Feel Free to Call


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register