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Majid KHAN (HR Consultant)     26 June 2018

Guidelines on out of the court settlment

Hello All, 

I have a 4 year old son, who is currently in custody of ex-wife, there are visitation rights in place for me which I am following. Until recently my ex-wife has been conseting the case with full vigour. All of a sudden she has approached me for out of the court settlment. 

I have a very strong case, but at this point, it seems the age of the child is a concern for the court as the boy is only four year old...

My main contesting points have been: 

- Bad character of the wife, I have proof of her adelterous nature and as a result of the same she has ignored my child.

- Other aspects that relate directly to welfare of the child are, she has been negligent toward medical care of the child post seperation I have several proofs, like missing vacination, not admitting the child in hospital when advise by hospital, neglecting other medical emergencies. I have PROOF for all these claims and can be proved in the court as well. 

- Neglecting to admit the child in school despite child crossing the case and several reminders from me. 

- She has no source of income and had denied child meintannce being sen by me, her family's financial condition is also not good. 

I have claimed custody of those grounds amongst others, the trail is due to start.

I have proposed if there she is willing to handover primary custody and care to me , so that boy resides weekdays with me and weekend with her I am ready for settlment. 

Considring the case points is it advisable for me to go for out of the court settlment? Or do I have a srong case and i should contest? If we go for out of the court settlment what are some precautions or guidelines to be followed in order to avoide problems later? 

 



Learning

 3 Replies

sai narayana   04 July 2018

Gaining custody of 4 years old kid is not an easy thing so put hold of the proceedings for a while and bargain for better terms during compromise discussion with the help of your lawyer if necessary.

ANAMIKA VICHARE (LAWYER)     10 April 2019

You better go for settlement.   You keep the matter on trial basis of six months and see if the terms and conditions are fulfilled smoothly.

 

Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better


https://docs.google.com/forms/d/e/1FAIpQLSfb-7gq8lVMUed9PQqkMV3gYCb5TC5WgH5wMKV0uaJB-Rc9yQ/viewform


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