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simara   08 February 2017

Daughter's right

I would like to ask that after a mutual consent divorce can i ask for my daughter's right on her father's property? as i have been sort of forcefully asked to agree to mutual consent divorce although he was having affairs. since i am in overseas i agreed to the mutual consent divorce as my in laws sort off scared me that i may have to stay back if i want to fight for my right and get involved in police case and all...as they said if i did something foolish and act on them they will do the same and put false allegations on me.
i have a daughter of 2 years old, and they did not gave any maintenance for her. except they agreed to give only 15 lacs for final and full settlement as alimony that too if i sign for the divorce.
they will only give me the amount after 6 months,after filling for divorce. when i will come for my second statement, and stand before the judge and say that i agree to divorce then only they will pay me.

in a way they tactically got rid of me and my daughter easily after all the pain and mental disturbance they gave me and and all the harassment i go through during the 3 years of marriage.
and they said if i want my daughter's share then give them back my daughter.but they are adamant not to give her any right in their property where as she has all the rights in her father's property.

how can i get justice for my daughter. im currently working. though my parents supports me fully but that does not mean that i will let go of her right and my right.



Learning

 20 Replies

whatnot   08 February 2017

1) Don't sign mutual unless Transfer of funds to court is attached as settlement along with first instance of filing 13 B. Otherwise there won't be settlement after six months as court just orders decree. There has to be alimony and maintaianace of child and also cusotdy of child (legal and physical)  to agreed and same is stated in filing of 13 B

 

2) At this moment concentrate on divorce. MCD is best option to break the entanglement.

 

3) Daugther option will come later.

 

 

simara   08 February 2017

as i said they have written in the petition filed that they will give me the amount in this 6 months before the hearing date.

thats the agreement.

what is MCD?

whatnot   08 February 2017

MCD is Mutual Consent Divorce.

 

Written documents /petitions have no value of piece of paper it is written on. They will walk free. And you will run from pillar to post.

Money in bank or no consent should be your line in sand.

May be in installements. Something to work on.

 

1 Like

(Guest)
You cannot ask for anything after MCD (mutual consent divorce). Your daughter can however ask for her right in father's inheritance only, not self earned property, that too after she attains the age of majority.
1 Like

simara   09 February 2017

Thank you for the reply. i am sort off smartly been trapped in this MCD. my in laws said that thy want to have a panchayat talk first. and later got a letter from panchayat and got it attached in the MCD application file. my husband's uncle did all the smartwork. i was so lost, and my only concern was to be out from INDIA safe and sound as i left my daughter with my brother. lucky enough i did not brought her along to INDIA otherwise i would have lost her as well. then out of no where, they had already got ready application of MCD in the court. but alas, whatever has happened,i cant change it. i did not wanted him to get easy divorce and re marry again after all the sh*t he has put me through. 

well let KARMA do the job. 

stanley (Freedom)     09 February 2017

@ Author 

 

1. You are working women hence you will not get any maintenance . Maintenance is co- extensive . Hence both have to bear the expenses of the child . He has stated in his MCD that he is going to pay you 15 lacs . 

2. you dont want to give him visition rights dont you think that your daugher requires a father and also a mother . Your chid will be suffer under these circumstances due to your selfish attitude .

3. Even though working  your mind is all about greed and property . you or your daughter  will not get the property since it is his right or will to give the property to whom so ever he wants . And if he Marries again the property will go to the wife he marries .

4. Now that you are with your parents you must be feeling safe . Once your parents go and your child gets maried you will be left alone at your own Mercy .

5. Hence if it is possible better to patch if not seperate and get married once again . But even if married based on the type of person you marry he may care for your child with care or not is a question to be pondered upon ? 

 

whatnot   09 February 2017

If I understand correctly,

You arrived into India alone to discuss matter in panchayat but was coaxed to sign a Mutual consent Divorce based on their terms and conditions. You have signed same and have left India to another country where your daughter is.

 

If above statemennt is true, then not much can be d one over spilled milk. Just wait for divorce decree in six months and it will be good riddence to bad rubbish..

 

Two important issues in MCD is always MCD and legal custody of child. I hope whoever representing you have sanity to include law binding prayers on same and it is signed .

 

You need to think forward. All the best.

simara   10 February 2017

you mean to say that wether the legal custody of my child is mine?

yes its written in the MCD.

simara   10 February 2017

Reply to Stanley,

im not being selfish at all...i vcall him everyday to have a video chat with my daughter....after what he has done to me. and i even told in the panchayat that our daughter will have both side rights. she can come n go freely. 

but he did not agree and wanted her to himself which was not acceptable.

im glad i did not bring her along otherwise i wud have come empty handed.

as far as 15lacs is concern after converting it i wont get much.

if i were married to him still and mine and my daughters expenses would be beared by him.

by trapping me to sign MCD they saved themselves from paying anything basically.

i did not argue with the amount,as i was hurt badly,

even my things they did not returned in one piece.

his sisters and aunty took all the good stuff....and so....so greedy they are

i kept quiet.

come in my shoe u will know which hell i gone through for 3 years staying there in a village sacrificed everything for him

but he turned to be a cheater.

if i had stayed longer he wud have done something to me.

they wanted me to live with them like an illeterate person.

and if he is cheating on me with womens for themis not a big deal...

wonder if i did the same what they wud have done.

im not being selfish,if he never thought once of the consequences he might face for wat bad deeds he been doing.....then why shud i think bout him

as far as marriage is concerned, i bet after the divorce he will get married in no time.

as for me when comes to marriage...i guess i will be halted back a step because of my daughter. and i dont wana go through same sh*t again...as i no longer trust anyone...

god is with me.

whatever he decides good or bad is definitely good for  me later.

 

stanley (Freedom)     10 February 2017

Originally posted by : simara
Reply to Stanley,

come in my shoe u will know which hell i gone through for 3 years staying there in a village sacrificed everything for him
 
 

@ Author we have already been in those shoes and we have fought cases party in person for around 6 yrs . 

Now what exacty do you  want .  2 nd motion of MCD is not over . if you need more money you should ask him or else during the 2 nd motion of MCD dont agree to it . Its as simple as that . Than he will go for contested Divorce and on of the grounds he will use is desertation .you can file for maintanence for your daughter also .Than you can wait and see what the court decided and you will have to spend another 3-4 yrs running around courts wasting your time and money on lawyers fees etc .

simara   10 February 2017

no i dont really want the amount,....what i want is...i dont want to give him a divorce easily...i just want to know on that on what grounds can i not agree on the 2nd motion? and halted it for a longer period. i want to divorce him but not so easily. it wil be a piece of cake for him and his family. and u know in india if a husband has an affairs what happend to the whole family. my family has been super nice to them already.

i want him to wait for the decree for a year or 2... how to halt the process...wihout me getting into trouble....

stanley (Freedom)     10 February 2017

During the 2 nd motion state that you are not interested in MCD as the amount being given is a meagre amount .The MCD will not get  passed . State that you want 2 cr and he too will not agree for the amount . In case he agrees you dont have to work for the rest of your life and you can live on the interest if he agrees .

 

As and when you wish to go in for Divorce you have to file for contested divorce based on what all grounds you can prove like cruelty ,desertation  or else he not being happy with your decision he will file for contested divorce . The process itself will take around 3-4 yrs .laugh

simara   10 February 2017

ok. thank you so much Stanley. now that is pleasing to hear... 2 cr...he rather die than paying that amount. 

just one thing as it is agreed that they will give the 15 lacs first before the 2nd motion, then only i will give statement.

do i have to return it to them or can i keep it and what can they do about it?

stanley (Freedom)     10 February 2017

Accepting the 15 lacs would be like accepting the MCD .Further it would be  discretion of the judge to decide . Everything depends on how your MCD is worded .In case he is so desperate that he gives you the 2 Cr and the same is deposited into your bank account  dont worry i will be your life long friend laughlaugh.


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