Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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mohan -fighter (Head)     25 July 2013

child custody for father after MCD ????

dear all..

i am trying to get a mutual divorce wid my wife of 9 yrs. we have a son which she wants to take. i have heard it takes 4-5 yrs to take divorce in courts which comes with a lot of agony, harrasement and pain. Can i, for time being, give away my son to her....get the mutual divorce and then apply for the child custody ? plz let me know a few things...

- Once i am free from her, does law allow me to get back my child ?? if yes, how can i do that ? and how much time will it take ?

- does it really take 4-5 yrs for taking divorce in court ?

- In court, what are the chances for a father to get 6.5 year old (boy) child's custody ?

- what is the advice from your experts....  what shud i do from today to collect as much convincing material to get the custody of my child ??

plzzzzz help and oblige !!!!!! wud really appreciate ur experts suggestions...

thanks

 

 



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 13 Replies

dr.pawan rajyan (member and secretory)     25 July 2013

you have to signed a mou at the time of mcd.and it is binding

Adv. Chandrasekhar (Advocate)     25 July 2013

 If you want child custody and also quick divorce, the best option is to go for MCD having a clause that you will get the custody of the child.&nbsp; The tone of your enquiry indicates that your wife is insisting of custody of child with her for giving consent in MCD.&nbsp; If that is so, then the problem arises.&nbsp; If MCD agreement and the statements in first and second motions are silent about the custody of the child, you will have got every right to file custody case in the court.&nbsp; The custody case will take 3 to 4 years and one parent gets custody and the other parent invariably gets visitation rights.&nbsp; Who will get the custody of the child depends upon various factors and the main factor being the &quot;welfare of child&quot;.&nbsp;&nbsp; The contested divorce case takes 3 to 4 years and the result depends upon the evidence led by the parties.</p>
 

1 Like

Advocate Ravinder (Advocate/Attorney)     25 July 2013

If there is MOU and MCD it is ok,  If there is dispute among you.  You have to file divorce petition, in the mean while you can file for interim custody of the child. Normally the court grants custody of child basing on the welfare aspect, however visitation rights lies on the other side.  

mohan -fighter (Head)     25 July 2013

dear adv. chandershekhar...

Te MCD is such whr wife gets the custody of the child and i pay a hefty amount else she threatening me to file false 498A, DV etc etc etc....against me and my family/ relatives. Just to avoid that turmoil and pain, i am for the time being agreeing on the custody to be given to her for a shortcut for my divorce. what are the options / scenario's where i can try getting my son bak after the divorce by MCD. ANYTHING THAT CAN BE DONE LATER ON TO GET MY SON BACK..I AM READY TO DO SO..... PLZ ADVICE.......... 

mohan -fighter (Head)     25 July 2013

Dear Ravinder ji,

I know the basic procedure... as the court battle for divorce takes years and a lot of harrasement, i wanted to take a bit easy way out...but asking if that is possible...  Can i give my child to her in the MCD, get the divorce in 6 months and then fight for his custody in court..... I need suggestions on how to do this...if its possible.... !!!!! On what basis can i fight for my son and hopefully get him ??????? 

 

mohan -fighter (Head)     25 July 2013

dear Pawan ji,

Is thr no way out to get the son after a MCD ??? Kuch toh hoga....which can help me to get my son bak...? after divorce she wont be working and not even financially strong... she just asking for a big amount + house from me...for the MCD. plz help...................

Advocate Ravinder (Advocate/Attorney)     25 July 2013

First hand over the child to her.  Then get MCD from her.  Then file for custody of child befor the court.  But to my knowledge, she will insist you to enter into an MOU before giving MCD saying that you permanently handing over the child to her.   Then it will be a problem, you cannot claim custody of your child, unless your wife wilfully abandons the welfare of your son.  She may also demand one time settlement from you at the time of giving MCD.  Nowadays woman are very smart and well tutored by experienced lawyers.  Dont go into allusions.  Be bold and face the problems of life.

mohan -fighter (Head)     25 July 2013

Dear Mr Ravindra,

I am not signing any MOU. and u are right... she charging... a hefty amount + a house..for the MCD.

A few questions...plz answer in detail..and wid ur experts advices...

- After how much time period of the MCD , i can apply for the custody of my child ?

- what all reasons can i give in the court ? this wud help me find out maximum reasons to prove that she is not able to bring up the child well.

- On what basis the court will see to grant the custody to me ? I will start doing/ collecting all those things from now on.

- How long does it take for a normal custody battle after MCD ??

Plz reply wid details.... thanks in advance...

 

 

 

mohan -fighter (Head)     25 July 2013

Dear Mr Ravindra,

I am not signing any MOU. and u are right... she charging... a hefty amount + a house..for the MCD.

A few questions...plz answer in detail..and wid ur experts advices...

- After how much time period of the MCD , i can apply for the custody of my child ?

- what all reasons can i give in the court ? this wud help me find out maximum reasons to prove that she is not able to bring up the child well.

- On what basis the court will see to grant the custody to me ? I will start doing/ collecting all those things from now on.

- How long does it take for a normal custody battle after MCD ??

Plz reply wid details.... thanks in advance...

 

mohan -fighter (Head)     26 July 2013

DEAR EXPERTS...................... plz reply and helppppppppppppppppppppppp !!!!! this is very important fo rme........ your advies wud be highly appreciated............

Adv. Chandrasekhar (Advocate)     27 July 2013

If you expressly agree to give permanent custody to the wife in MCD petition, there is very little chance for you to get success later on.  But no such express or implied condition is there in MCD, then you can contest the case of custody and the court will decide keeping in view of the child's welfare and not the demands/wishes of the estranged parents.  If one commits to give custody to other parent for getting quicker MCD decree, the custodial case he files later on may be weak, but can be argued on the following grounds: (1)  the child's welfare is not at its best at the custodial parent's house. (2)  Better educational as well as better living standards are available with non-custodial parent (3) the child likes to stay with non-custodial parent (even though it is difficult, because general the child skewed to stay with custodial parent) (4)  If the child is allowed to opt voluntarily, it opts to non-custodial parent (5) the custodial parent is not respecting the visitation rights provided to the non-custodial parent (6)  If the child is boy, in the custody of mother, is  developing womanish  attitudes and vice-versa. (6)  Custodial parent is going for another marriage.  In addition to this, the non-custodial parent to prove his affection towards the child must regularly send maintenance amount and also gifts regularly for the child even after obtaining MCD decree.

1 Like

mohan -fighter (Head)     28 July 2013

thank you so much ... adv chandershekhar ji..!!  just a very small question........after MCD, how early can i go to court for the custody ? Is thr a time limit or no ????

Sjay   19 November 2015

Hi Vinny,

it has been 2 yrs you posted this. I am now similer situation as you. Were you able to file again child custody after getting MCD final ? what happened can you pls pesonally let me know ?


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