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Mint (none)     04 June 2014

Divorce,custody and visitation

We got recently divorced by mutual consent and I have a few questions that I would appreciate if someone can help:

1) I was told that the appeal time from either party after divorce is 90 days from the date of decree. Do the 90 days start from the date the decree was created in court or from the date each of us receive the decree in hand.

2) I am the dad and was given the child custody with visitation rights to my Ex. Do visitation rights mean the Ex gets to simply visit the child, spend a few hours and go or does it also entitle her to take the child to her house for a day or week?. The decree does not state any specific option.

Also related to visitation rights, what if my child and I move to a different city or country? Can she object our move because she does not get to see the child although she has equal rights (visa) as us to visit the country OR is there a risk of me losing the custody?

I asked my lawyer but would appreciate if someone who has a good idea can also chime in. Thanks for reading this thread.



 7 Replies

ANAMIKA VICHARE (LAWYER)     04 June 2014

I think your matter got so easily over, but You do not want to finish yr matter so easily everything is in yr favour and why worried   why do you want to make procalmation of yr shifting it is yr ex's baby...just go ahead with yr life...u donot hv to tell anything to anyone..there is no qustion of appeal in case of mutual consent except in cases of fraud

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

If the decree of divorce was passed by District Court, the time of appeal is 90 days.

However, it the decree of divorce is passed by Family Court, the time of appeal is 30 days.

 

Now coming to visitation, the child requires the access of both parents, unless it is a question of livelihood, don't deny visitation to the mother. How does it matter whether she takes the minor for over night stay or for couple of days in holidays. Don't make child the weapon in your personal fights.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Biswanath Roy (Advocate)     04 June 2014

Decree of a mutual divorce is a consented decree which is not appealable. Visitation right of mother is strictly to be followed to the term visitation but not otherwise or in any extended manner whatsoever. 

T. Kalaiselvan, Advocate (Advocate)     04 June 2014

Very properly addressed by learned advocates, being left with nothing more to add.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Anamika Vichare (Practising Lawyer)     09 May 2021

90 days are counted fromthe date of receipt of certified copy.   However, the belated days in applying the copy are deducted .

 

For example a decree is passed on 1st January, 2021 n you recd the copy of 10th February, 2021, so 90 days from 10th February, 2021   Feb 28 March 31 May 31 = 90 days - 10 days dela=y in application  = 80 days 

So the last day tofile 21st May, 2021, 
At the time of visa, they may ask consent of wife.  that time it might be difficult for you

 

 

lawyer_rajiv (9811284735) (lawyer)     19 May 2021

as you got divorce by mutual consent, no appeal lies against it as its a consent decree.  90 days time is there if it is a contested divorce decree.  secondly, in case you want to leave the jurisdiction of the indian courts for the welfare of the child, you may seek permission of the court. Moving within India may not be an issue provided your ex is duly informed about the location of your child.


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