LegalFighter (test) 17 October 2015

Running a case from foreign

Experts,

Mine is a MCD case and am waiting for the second motion.Meanwhile I got an onsite oppertunity for one year and I have to start in another one month.For the second motion can I send my dad to attend if I cannot travel india back.As well I am waiting for the MCD decree to be received, since I am planning to file a child custody case post decree(Note: My wife never agreed for the RCR i filed and she accepted for MCD by blackmailing me saying 'I will give you MCD, but you should not file custody case and you should not see/visit my child anytime'.I have an evidance for the same).

Shall I file and run custody case from foreign? below are the reasons why i cannot come india:

1. My salary is not much bigger, the 2 way unplanned travel costs around 75% of my salary there

2. I am not sure If i can get leaves on those date since my project is in hectic situation.(If i get leave approval , I am ready to come india and happily bare the expense and time for my child)

3. Since Am the only bread winner in my family, I need to save some money for my old dependant parents too.so frequent travel will create econmical and official problem, and i may loose onsite oppertunity or job.

Please advice how can i handle.

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11 Replies

sandykrish (Interested in Family LAW) 17 October 2015

Mr Tamil or Telugu half info provided will not help us providw you feasible solution. What does your MCD terms say about child custody. Assuming this is a critical element in the MCD petition. First answer this and later we will give you indepth perspective.

(Guest)

First job, everything next.

LegalFighter (test) 17 October 2015

MCD terms says let custody with the mother and mother will not ask alimony for her or for son for past, future or present.

LegalFighter (test) 17 October 2015

MCD terms says let custody with the mother and mother will not ask alimony for her or for son for past, future or present.

LegalFighter (test) 17 October 2015

MCD terms says let custody with the mother and mother will not ask alimony for her or for son for past, future or present.

sandykrish (Interested in Family LAW) 18 October 2015

Mr Tamilian in this case you only will get visitation rights I'm afraid if you apply for custody case you will be contradicting what you have agreed in MCD. Sorry carry on with your life, win your sons heart during visitation

LegalFighter (test) 19 October 2015

Sir,

Yes, If i get a visitation right.Thats enough.Let him be where he wish happily.As a father I have more affection over my son even I couldnt see him past 2.5 years since all my efforts were failed.I always ready to spend or bare expense of my son whatever i can, irrespective of my next marriage or situation.

My questions are

1. I beleive I have to file visitation rights as an IA after filing GWOP.Shall I proceed these case from foreign?

2. shall i give POA to my dad for the second motion of MCD?

SuperHero (Manager) 20 October 2015

Check if the Court accepts POA. Generally for the Second motion both need to be present.

Wish You Good Luck

sandykrish (Interested in Family LAW) 20 October 2015

Instead why don't to put those conditions in the existing MCD terms. Because what I understand is you might have signed the dotted line as no access to child is okay. But when you apply for GWA you will be contradicting. It will be a contempt, careful