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PRAMOD BISHT (ENGINEER)     03 January 2013

Daughters custody

The custody of the 7 yrs daughter is with the mother as mentioned in first motion of mutual consent divorce. Now the father wants to have the daughter for 2- 3 days for holidays , Mother does not have the faith on father, is their any way or legal format to give father child with some legal sign from him to return the daughter on such and such date, so that he cannot claim the daughter afterwards or cannot keep the daughter with him, and if done so then can take daughter's back and can take action against him.


 4 Replies

Tajobsindia (Senior Partner )     03 January 2013

1. Seems the MCD is being done on wrong footings without deciding on visitation rights of non-custodial parent that is why this question cropped up just after first motion.

2. In my opinion if visitation rights were given up by you so that parties can approach Court for MCD with which first motion happened then in that case  non-custodial parent has option only to take back consent and again go back to drafting board instead of creating hurdles as today you are asking remedy for one or two days in between two motions then what will happen to future visitations till child becomes major and second motion gets through and decree in hand without deciding on visitation part?  

Hence I partialy agree to above replier short sentence without knowing if there were any terms and conditions they agreed upon and now this question one party has.

1 Like

Raj (fr)     03 January 2013

How to get full custody of daughter 8 years old to father ,when it can be partially proved that daughter was physically abused by mother ,I am havng one audio record of the same.Daughter extracurricular actvity and development not taken care well,mother not earning .But I doubt that daughter will say wll stay wth mother as durng 7 months of desertation her mind s washed off.I have lot of proof that  have taken care of my daughter well.

seniors please guide me.




It is clear that the terms and conditions of MCD were drafted in a clumsy manner in this case. No deliberation, much less a serious deliberation, seems to have gone into on the issue of child custody. Clumsy drafting is always followed by  consequences. Now unless the consent is taken back and a new draft comes into existence, the status quo will continue.



Ashish Davessar


Supreme Court of India

Punjab and Haryana High Court

District Courts, Amritsar & Chandigarh

1 Like

Ashimta Lekhi Malhotra (Independent Lawyer)     06 January 2013

Either redo the agreement or withdraw the consent and file for child custody.

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