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Kunal Mukherjee (Father)     21 November 2010


It is some coincidence that shortly after joining this forum, a situation has arisen for the first time in nearly 6 years, whereby my wife is much more amenable to discussing realistic terms for an out-of-Court settlement. While we have been able to quickly agree on the monetary (maintenance) issues, I am now required to prepare a draft in respect of the custody / parenting part.

We have on three broad conditions -

a) My wife will be the custodian parent,

b) Progress in re-creating father-son bonding should be natural & not forced, and

c) My wife will have to sincerely counsel our son to undo all the poison she has poured in his ears over the past 6 years.

I am sure that this is not a novel situation and many members of this forum may have worked on similar lines earlier.

I seek to benefit from their experience & request any such person - if you already have any similar document prepared, please share it with me so that I can take ideas therefrom and prepare my own draft for our lawyers to polish.




 3 Replies

Tajobsindia (Senior Partner )     21 November 2010

@ Author

Below are one such broader picture (tried and tested when female child was involved)

You may modify according to gender and facts of respective situation in case one sees

right opportunity.

All the best.

PS.: Any modification or updates by any readers are welcome including (blunt) comments !

PROPOSAL APPLICATION by natural guardian / applicant father filled as additional documents under Section 25 Guardians and Wards Act as amended and uptodated for joint shared custody of parties child under Order VII / Rule 14, Order VI / Rule 17 R/w Section 151 of Civil Procedure Code as amended and uptodated for consideration by mother as welfare of the child as in the best interest of child.


That, natural guardian after giving lot of thoughts may please be allowed to humbly

submit a comprehensive proposal offer from his and parties grand parents and or

family side looking into all needs of minor child to mother / respondent of parties

minor child before the Hon’ble Court without prejudice to the contentions of the

natural guardian made in any application or reply in this Hon’ble Court or any other

Hon’ble Court and without condoning any of the misconduct of the wife / mother as

stated by the non applicant / petitioner / natural guardian, the natural guardian

would like to propose by way of this “proposal application” that, natural guardian

don’t want parties’ only one female child namely XXXXXXXXXXXXXXX, D.O.B.

being 25.07.2000 (current age 7 years 11 months approximately) to remember her

childhood as something where her parents spent their precious time in various

Hon’ble Court cases instead of looking after her welfare.

That, the natural guardian / father of minor child has elder parents of average 75

years age also to look after who are also in need of son duties to them at this

advance age of theirs. In a way this applicant has to look after several of his duties

and with no results / directions coming forward from his wife / mother of the child

this proposal application is filed thinking that may be there may come some light at

the end of the long tunnel of our litigations and atleast the minor child will be spared

the long term damage.

Hence for parties’ minor child and only keeping in view child welfare in mind,

natural guardian and grand parents family side is voluntarily making / proposing

following suggestions / proposal for respondent / non applicant / mother towards

natural guardian filed S. 25 Guardians and Wards Act as amended and uptodated

main petition which is all or nothing proposal in other words these proposals /

suggestions are reasonable settlement proposal proposed by applicant / petitioner /

natural guardian and as applicant and to the best of natural guardian intentions and

subsequent impact
it is requested to mother of the minor child if she may so

please arrive at a conclusion to natural guardian present stated proposal

within 1 week from receiving this proposal keeping in view parties’ minor

child all needs and sufferings in - between.

However it is humbly requested that respected lordship , may not take any adverse

inference to applicant’s / natural guardian averments herein so that precious time of

the Hon’ble Court may be saved as well as the litigants to their respective

application(s) may be spared of further agony in sensitive issues such as the

present one where a minor child is made party and the impact of multiple litigations

of her parents reflecting upon on the child’s psychological growth, health, safety,

security, education and a child’s overall development.

The following are the non  - negotiable proposal and or offer given after

careful consideration and putting in lots of thoughts on all child needs

submitted by natural guardian / applicant as amicable settlement keeping

in view the best interest and or welfare of the parties minor child for which

mother needs to file her counter agreements within 1 week of receiving this


Broader proposal / offer by natural guardian till she attains the age of

    major as per prevailing Law.

(A) Each Saturday
of a week post school closure overnight physical visitation of

child to natural guardian / grandparents home from closing hours of school to

next day (Sunday) 7 PM. Natural Guardian and or grand parents will pick the

child from her school and drop at mother's home within NCR of Delhi on next


If it is second Saturday and or when school remains closed on weekdays then

pick up at 9 AM from mother home and drop the next day at 7 PM (Sunday) at

mother's home.


(B) 50% overnight physical visitation custody time at the home of natural

guardian during major vacation period (i.e. summer / winter) to natural guardian

and or grand parents and family. It could be either the first half and or second half of

specified vacation time as agreed by mother.

(C) Alternate birthday as well as major national festival celebration with

overnight physical custody
time spent with natural guardian / grand parents

family friends (Birthday, Holi / Dusheera / Diwali and or during major Hindu festivals

as jointly agreed by informing each other well in advance etc.)


(D) Build and strengthen bonding of the child with natural guardian and

paternal grand parents family from both sides
encouraging minor child for tel.

conversation for duration of 15 minutes each on alternate day of time specified by

mother with constant update of exchange of tel. / cell number of mother / child for

such healthy interaction with natural guardian and or grand parents of both sides.


(E) Passport of child: Passport of minor child which is expired (24th. Sept. 2007)

will be renewed by the natural guardian in consent / co-operation of the mother

and retained by natural guardian till she attains major age as per Law and only on

his permission the child will leave the country for only school excursions purposes.

(F) Birth certificate: Original Birth Certificate currently in possession of mother

could be retained by her under undertaking given of the same in
Hon'ble Court

that effect.


(G) Name change and related: Minor daughter will not change given name with

natural guardian surname as suffix in any of the official and non official documents

i.e. she is named as XXXXXXXXXXX and till child is married off she will be addressed

to and or called by this given name in all her records as per Law. 


(H) For the decision on education institution selection both natural guardian

and mother should involve each other as per their status and finances and as far as

possible minor child of parties should not be sent to boarding school till she attains

the age of majority or atleast she is promoted to Matriculation Board academic

session year.


(I) For coaching / private tution of minor child it is pertinent that both parents

under joint parenting should as far as possible be involved and may consider

avoiding attending tution / evening coaching classes till she gets promoted to

Matriculation Board academic session year.

(J)  Involvement of natural guardian and grand parent’s family during monthly

parent teacher meetings with advance intimation given to natural guardian and or

grand parents.

(K) Daily attendance of minor child to school. It should be agreed that the girl

child will attend school on daily basis baring those days when necessary sick leaves

with doctor’s prescripttion are in advance informed to natural guardian and or grand

parents in writing.


(L)   Boarding school admission of minor child it is pertinent that both parents

under joint parenting should as far as possible be involved and may consider

avoiding attending boarding school and or admission in a boarding school till she

gets promoted to Matriculation Board academic session year.


(M)  Joint custody of minor child; dispute concerning both parents to seek for

share in joint legal custody of the minor child, which entails all major decisions taken

jointly - including decisions of the child's education, religion, medicine, discipline,

sharing parenting time, upbringing and all plans for the future with both the

parents considering the best interest of the child is suggested.


(N) Second Marriage of mother of child related; in case post divorce and after

statutory appeal period if mother of the child remarries (which is welcome sign) then

the all above proposed terms will be abide by the step father.

(O) Second marriage of natural guardian of child related; in case post divorce

and after statutory appeal period if natural guardian of the child remarries (which is

highly unlikely) then he undertakes to abide by all stated terms herein. He further

undertakes that the step mother of child will be made aware of natural guardian’s

love and affection to first born child and will ensure smooth transition in all possible

events in terms of safety, security, personality and overall growth of paties first born

child herein.

(P) Job issues of child of parties; at the time of attaining major age in the event

the parties only child finds it difficult to seek decent job in the open market as per

her qualification then natural guardian undertakes to provide equal Job as per child’s

qualification in his own company and undertakes to pay Wages and benefits at per

then prevailing rate and forward all labor law related perks and honorariums at par

with other employees of his own company and no differential treatment will be

awarded to his own child.

This offer continues till child wants to work in her own father’s company and or till

she gets better offers in open market and or as per parties child’s own independent


(Q) Assets / Property of natural guardian related;
currently none and natural

guardian undertakes to give rightful share to his only female child as and when

assets and or property(ies) acquired under legal intimation to mother of the child

and or to her side.

2. Proposal / Offer on complete maintenance package for the minor

    child till she attains the age of major as per prevailing Law.

(A) Clothing / toys / games / do-it-yourself educational games / model games

educational equipments / packed nourishing food items, dress as per choice and

liking of the child will be regularly presented during Visitations / overnight physical

visitations by natural guardian and or by grandparents family and or even by close

friends from father’s side.


(B) Cashless Medical Care Insurance Policy – Rs.5,00,000/- Policy taken by

natural guardian and natural guardian undertakes to meet policy premium till child

attains major age as per prevailing Law and also assures to give the updated I. Card

of Child Insurer to mother against an receipt. Furthermore natural guardian also

undertakes that all monthly reimbursements over and above the specified health

insurance prescribed bond limits as per actual with production of minor child’s

medical bills / prescripttion / diagnosis reports from a board certified registered

doctor / surgeon / physician by mother will be met by natural guardian on

presentation of true copies of authenticated medical bills.


(C) During any unforeseen medical emergencies over and above the limits of

Cashless Medical Care Insurance Policy it is suggested to equally share the total

medical billing by both parents (that is natural guardian as well as mother of the
minor child) with regards to production of bills / prescripttions and physical health

care facilitation visits to overnight admitted hospitals and or clinics which has

minimum 24 patient beds.


(D) Educational Expenses – All schooling fees (currently Rs. 4750/- per quarter)

will be directly remitted in time to any institution of Mother’s choice (except a

boarding school) jointly agreed by natural guardian and mother for minor’s schooling

within the NCR of Delhi including expenses on extra curricular activities undertaken

in the best interest of the child overall development such as school picnic /



The basic conveyance to attend school / college will also be born by the natural

guardian till child wants to study.

(E) Education-cum-Marriage Life Insurance Policy – Rs. 10,00, 000/- already

taken in child’s name and natural guardian undertakes to meet the premium amount

till policy terms and proceeds from maturity of the LIC policy will be ECB credited to

/ in a joint account with natural guardian as its legal guardian of the bank account of

the minor child in any bank the Hon'ble Court directs and same will be spent on

higher education and or during marriage expenses whichever jointly parents agree


(F) Marriage Savings - Rs.1000/- per month recurring deposit will be invested by

natural guardian and equal amount by mother w.e.f. date of agreement to this

proposal / offer in child’s name with natural guardian as legal guardian of bank

account title with both parents being joint signatory account holders to be operated

at the time of marriage of parties child in any bank the Hon'ble Court directs to be

spend at child's marriage.


(G) Fixed Deposit Account- Rs. 80,000/- fixed deposit in child's name to be

deposited by natural guardian as legal guardian with both parents being joint

signatory account holders to be operated at the time of extra ordinary emergency of

the child and or for higher education and or for her marriage expenses which ever

jointly agreed by parents in any bank the Hon'ble Court directs until the child attains



(H) Sports Complex Life Membership – Already a life membership in XXXX’s

biggest sports exists in the name of the minor child of parties. The natural guardian

proposes to give an undertaking to bear the Life / Annual Membership fees for minor

child overall and or all round games and sports development by meeting the annual

fees till she attains major age as per prevailing Law and also assures mother to give

I. Card of the membership against a receipt.


(I) Food & Shelter – will be the moral and ethical duty and or responsibility of

Custodial Parent as per agreement of this proposal..


3. Last Order by the GWA Court


(A) 2 Hrs in a month out of 720 hrs. of a month to be dispensed with jointly as a

parent it is our moral, ethical and social responsibility not to alienate the child from

other parent and term the other parent as mere “VISITOR”, on first and third Sunday

at premises of XXXXXX House Court Complex with visitation reporting at Ld. Duty

MM Hon'ble Court, the child has access to father in court complex under judal

monitoring. Modification of review of last Order should be jointly appealed by both

parents in the best interest of welfare of the child



4. Counter terms stated on record by mother as of date:


(A) No child custody to natural guardian / grand parent friends and family. Stated as

response / reply to S. 151 CPC Application of natural guardian filed under visitation

/ S. 26 HMA / S. 12 and S. 25 GWA Petitions.


(B) No visitation to natural guardian / grand parents family / friends stated in

response / reply to S. 151 CPC Application of natural guardian filed under visitation /

S. 26 HMA / S. 12 and S. 25 GWA Petition.


(C) Rs. 30,000/- per month towards maintenance for minor child by mother asked

under S. 24 HMA petition.


(D) Rs. 30,00,00,0/- (Rupees Thirty Lacs) towards alimony for conceding to Divorce

Petition filed as Applicant by mother as per record.


5. Inference


(A) Mediation is all about coming forward to find the middle ground but the other

side is stepping backwards by setting unreasonable terms and or ignoring the

paramount interest in child custody matters relates to welfare and or best interest of

the child.


(B) Clearly shows that the other side is not serious about the whole Mediation effort

invested by this Honorable Court and not thinking in the best interest of the child.


6. What natural guardian is proposing as non-negotiable for the best

    interest of the child


(A) Joint Custody and or Visitation and or Joint Parenting are more of a Child’s right

than a Parent’s right.


(B) Denying the same is a direct and willful violation of the prime duty of

parenthood and is a heinous form of child abuse.


(C) Denying this basic child’s right would promote “Fatherless Society”.


(D) Not just parents, no body has the right to take away a child’s right to know both

her parents, her grandparents and extended families / friends on both sides.


(E) Tendency of seeing child as a ‘property’ and not as a ‘person’ has dangerous



(F) Today notion of family has changed dramatically – Fathers take up household

chores while Mothers go to work now-a-days.


7. Why what mother want is unacceptable to natural guardian:


(A) It is all about the money in the name of ‘Child Custody’, using the child as a



(B) Toys & Clothes given to the child on various occasions were mercilessly rejected

with child being made witness to such adult behaviors.


(C) Paying Rs.30,00,000/- ransom as asked under materials of records would mean

forsaking my child and setting myself free. This natural father and grand parents

family and friends donot want it as it is our child and hence this situation should

not be turned into one which is like where one is donating money to some orphanage

without knowing what is happening to the children in the orphanage.


(D) Baby XXXX is my child too and not an orphan / fatherless child. I will take care

for the child and give love and want the warm feeling of being a parent to a normal

well taken care of child and not some orphan in orphanage.

8. The mother has no reason to suspect my commitment and

     dedication towards the welfare of my child all my life:


(A) Natural guardian ensured that the child was born in India and fulfilled not only

her financial responsibilities but also mid-wife responsibilities including pre & post

natal care.


(B) Now, I have on behalf of my child's voice to be heard filed S. 26 HMA and under

S. 25 / S. 12 GWA respective petitions to make the child feel that she has a father

too, who is loving and could stand to voice her concerns at appropriate forum.

9. Some pertinent questions / issues:


(A) How can I be assured that the ransom collected will be put to the exclusive

benefit of the child?

(B) How will the mother demonstrate her dedication towards the welfare of the child

and carve her commitment in stone? Any deposits in name of child in the bank till



(C) If the mother can easily abandon her ‘wife’ obligations at the drop of the hat,

what is the guarantee that she will not abandon her ‘motherly’ obligations in future?


(D) If the mother can decide for the child that the child does not require a father all

her life, where is the sensitivity & best-interest thinking towards the child, and the

respect to the sense of identity of the child?


10. What are solution - centric non negotiable options available to

      mother and or has she put forward those till date?


(A) The mother of child filed for divorce and I am now consenting to give divorce

without agreeing to allegations as prime facie they even don’t stand the tests on the

floor of Court.


(B) The mother has also jointly signed and jointly filed Mutual Consent first motion  

with waving of second motion petition which means she also wants divorce.


(C) As both the parties are pleading for divorce, may the Honorable HMA Court grant

the same as per Law, while the child custody is being decided on merits.


(D) Honorable Court may please ensure that even if it is unable to retain the

relationship between natural guardian and mother, it should do everything in its

power to help, maintain, continue and strengthen the relationship of the child with

both the parents and extended families thereby reducing the adverse impact on the

future growth, education, career, security well being of the child.


(E) Honorable Court may please note that the mother is willing to expose the child

to father only for 2 hours out of 720 hours (in a month) that also under judal

monitoring. As a natural guardian, I undertake that I will ensure 50% access of the

child to the mother, without seeking a single rupee from the mother against child

maintenance / upbringing, even if that means finding a new job every time the

mother is transferred to a new place anywhere in the world, if this Honorable Court

rewards me with permanent and or final physical custody of the child.

11. Question as to the Cost of respective litigation

That it is humbly prayed that cost of respective litigation may be disallowed based on

genuine efforts and humble appeal of the natural guardian / Petitioner of this

Proposal / Offer by way of a Application who is interested in justice and let

the parties bear their own respective litigation costs and based on records of the

Hon’ble GWA Court it could be inference that till date the Husband / Natural

Guardian / Natural Father is not guilty of delaying adjudication of an application filed

under S. 12 and S. 25 GWA being applicant petitioner to genuinely voice his child’s


Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     21 November 2010

Dear Querist,

As regards material settlement in respect of custody/parenting issues, this is something you decide what way you want your relation with your son should be and what would be your and your wife's part-take both jointly and individually..... in all aspects of upbringing of your son. Certain gray areas would be there which is obvious. Both of you being natural parents of your son, certain level-playinh field should be left out for future to come for a successful settlement in whatever term you call it.

As you understood that this is not a novel situation and draft of such settlement terms should be based on many factors like emotional set-up of all of you; financial independence and counter guarantee etc.; social standing; mutual dependence and understanding between you and your wife immediately before break-up etc. all these which you would feed in to the lawyer who being extra sensitive pen down your thought process in terms of law keeping best interest of your child.

Kunal Mukherjee (Father)     21 November 2010

Thanks, this is very very helpful

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