@ 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.
MAY IT PLEASE YOUR HONOR:
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
proposal:
1. 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
day.
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 to
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
decisions.
(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 /
excursions.
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
to.
(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
majority.
(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
consequences.
(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
‘pawn’.
(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
date?
(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
rights.
