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Subhomoy Das (Retail Manager)     14 November 2014


Myself & my wife are staying separetly for last 4 years. We have one son who is 3 yrs old and staying with my wife at her parents house. My wife didnt want to return. She is working as an Assistant Headmistress cum Science teacher at a Semi Govt School near her parents house. She is working there for last 2.5 yrs. She never wanted to return to my place neither she wanted to give me divorce. All her belongings are still here at my house. I have tried my level best, persuaded her to return but she never listened to me. Recently she got agreed to give me Divorce under mutual consent. This is my guess or assumption that she might got involved in relation with someone else at parents house where she is staying there for last 3.5 yrs. This may be true or may be wrong. I dont know any definite. Anyway if she is ready to give me divorce and live happily as alone or with her parents or with some one else its upto her. i cant force her to return in my life. Let her live her life happily and let me live my life happily. 

The main factor is that she is ready to give me MCD only on one factor. That is i have to give her written consent or make an affidavit that after divorce i shall not keep any contact with my son. contact by means of mails, phone, meeting etc. Means after divorce i have to think myself that my wife & son are dead to me and i`m a dead person to them.


My question is Legally is it possible ?  I`m getting divorced with my wife. I`m not getting divorced with my son. i`m the natural & biological father of my son. Does my wife have the legal right to take away the Fatherhood love & affection from me and from my son as well. Can my wife impose this sort of  Legal conditions on me for MCD. What happens when my son become an adult ( after attaining the age of 18 yrs) returns to my life leaving her mother. Any laws are there to Stop it. Is it ever possible legally & socially. I`m also sspending money for good care of my son and my wife is also spending money on her son for good caring & upbringing. Till now my wife have not claimed any monetary compensation for MCD.

Please advice me what shall i do under this circumstances as its a very senitive & emotional factors involved between a father & son.


 5 Replies

Born Fighter (xxx)     14 November 2014

I feel sorry for ur situation dear, its my personal view that you should not accept this clause of hers under any circumstances. If ur doubting shes seeing someone then investigate further n if that's true , then she will equally be in need to get divorce from u at the earliest, and now shes trying last minute blackmailing.

Record her demand which will help if if matter gets presented in the court. Ask her if she can also file an affidavit that she wants father to disown the son for divorce ?.  Im sorry but shes very selfish n using your son as a tool to get away with her demands. Deal with the matter firmly, U seem to be a decent father, pls don't give up ....u deserve better life !

Go for marital counselling if shes willing to, may be she will understand that a child needs father also. Also you need to DECIDE what you want in life,rest will follow

SURESH KALAGA (secretary)     15 November 2014

make an affidavit that after divorce i shall not keep any contact with my son.   Brother, if she put such rude conditions, you also ask her to write that the son is not born by you. Then, she will know the pain she is harassing you. No court will accept such unwarranted conditions of your wife. Dont worry your son will come to you after some time also. Take divorce from such unfortunate girl and live your life happily. But as a last chance, try your best to take back. Otherwise, god bless her. Dont worry!

Adv. Chandrasekhar (Advocate)     15 November 2014

If you agree for such condition for taking MCD, later on you can challenge it on the ground that such condition is void and against  the public policy.  But it takes years for the court to decide about validity of such condition and the case will be tried in the place where your son resides.  it costs you so much.  After 18 years, the son is neither yours nor hers.  He will be at the threshold to live his own life and you both can enjoy his company, as long as he likes.  Take a cool decision on the basis of above inputs. 

Subhomoy Das (Retail Manager)     17 November 2014

Thanks for giving me your valueable advice. I like to make few querries.

1. My wife is now giving me the option that i may keep my son with me. I got agreed because as a father i feel that i can take much much more better care of my son for his upbringing & education. But at the same time when i asked her to give me writing or file an affidavit that in future as a mother she will not keep any contact with my son then she is refusing to do so. I know what i was demanding or keeping this sort of demand is not justified. I was just testing her as she had kept this sort of conditions with me. In reality if we go for MCD i will not make this demand to her. She is giving excuse that she is mother of the son and kept him on her womb for 9 months & then  gave birth to my son. OK. AGREED. That is the natural thing & i do feel the pain she have taken for giving the birth to our son. thats every female is doing be it human or animals or reptiles ....... Thats the natural thing. She have not done anything exceptional. So by virtue of that is she is mother of our child then i also the father of our son. 



Adv k . mahesh (advocate)     17 November 2014

in first query you say that your wife was pressing you to give a undertaking to leave your son and in your second query you say that you wife want you to keep your son with you and she does not want to give any undertaking 

exactly what is the query is not cleared but from both sides you want answers it is understood 

anyway being a natural father and she being a natural mother any one challenge the agreement if you did for child in the court of law for the custody but as said above how much time it will take cannot be estimated 

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