Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

PRAVEEN (lecturer)     17 September 2014

Child custody

i get divorce in 2011 and my exwife married again with in 15 days. i have a daughter. she is now 5 year old. after divorce they not allow to meet me to my daughter and till today i do not know where she is. who know where is she they not answering me. after a gap 3 years can i file a custody case. one line are in the divorce settlement is child care is under mother and my exwife in future do not clain any money on any ground like child or herself or any relative of her. i have given a large sum of money to her for settlement.  is that affect my case.

i belong to one city of UP and she belong to other city of UP. someone said she is married in BIHAR but that is uncertain. where i can file the case.(child residence at present not known) .

please help me



Learning

 3 Replies

Tajobsindia (Senior Partner )     17 September 2014

@ Author,

 

1. Ideally no.

2. Seems case of Mutual Consent Divorce where you agreed for divorce from your wife by agreeing one time payment towards her and minor’s past, present and future maintenance and also waived off child visitation – custody to natural father i.e. you.

3. Suggested to move on with your life. Reason being neither you currently know if the child’s present welfare condition is changed and/or if the child is ill-treated by her custodial natural mother nor you know where the child ordinarily resides leave aside her natural mother’s whereabouts to file a case for visitation-custody under any alleged 'change of circumstances' facts. In short I feel you have not enough grounds to file for visitation of child based on presented brief facts herein.

 

 

[Last reply]

PRAVEEN (lecturer)     18 September 2014

we have consent on this only for money matter. there is not a single word about visitation right.

is there possibility to file a case at her parent residence which are used during divorce.

thanks for suggesting me to move on life but it is not easy for me, it give me mental agony and from last three year many friend also said that but my mind constantly refuse to accept this. during consent i do not even understand what r happening  but condition force me so what is in consent i have to follow but it is not my will. i file the case, i give the money to her, i loose my daughter, even statement of my exwife not done , she only come judge ask her do you agree and let her go. and judge during procedure even not personally talk me. in the court what is happening is according to her parent . do you think that all this( money and daughter) i loose at will . i do want to change any status but i need my daughter . so pls suggest me right path. 

any procedure in court by which i get her address

Adv. Chandrasekhar (Advocate)     18 September 2014

The best option is that 3rd point of Mr. Tajobsindia answer.  Still  if it is difficult for you, my opinion is that you have all the rights to seek visitation rights despite your written consent in MCD settlement (for that matter as per you no such acquiescence is there from your side and it strengthens your case). File child visitation case in the place where your wife is presently residing.  If the child is not residing in  such place, your wife will come and tell to the court so and then you can file a fresh petition where the child is ordinarily residing.  Do not sweat about 3 years dealy.  It is unseemly that a father seeks child custody or visitation when the girl child is below five years.  If your intentions are not to create ripples in your wife's matrimonial life and are not malafide, then you will certainly succeed to get visitation rights.  Wish you best of luck.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register