mediation for getting divorce and child custody

@ Author

1. I think I missed reading in your brief, who filed "custody" ?

2. Both of you may opt for few more quicker mediation sittings 'minus last mile ego'.

3. If at the end of the day (90 days is the limit) mediation fails both should contest respective case(s)

4. How is visitation if any scene as it is not mentioned in the brief! (not that it mattersto know each and every facts) but some guess work is required to reply to some "peculiar" queries :-)

I do not want to divorce my wife keeping my little son's future in mind, but also do not want to live with my wife due to her cruelty. I have already filed a divorce petition.

Just wanted to know if the maintenance petitiion can only processed legally thru court without divorce application? I cannot take risk by mutual understanding for maintenance with her. Can this be legally considered to stay seperately and give maintenance ? Appreciate quick solution !! thanks.

Hi tajobsindia,

1. I think I missed reading in your brief, who filed "custody" ?
              Wife Filed the objection and child custody
2. Both of you may opt for few more quicker mediation sittings 'minus last mile ego'.
              husband suffered a lot and does not rejoin again with wife nor willing to give child.

3. If at the end of the day (90 days is the limit) mediation fails both should contest respective case(s)
       Ok, will it go back to court, what mediators will say in the report if mediation fails.

4. How is visitation if any scene as it is not mentioned in the brief! (not that it mattersto know each and every facts) but some guess work is required to reply to some "peculiar" queries :-)

Visition was like wife said false statements against husband and his father and mother and did not agreed for giiving child and wanting to get the child from me. husband also tried to tell how the wife is and what she has done to his family. and did not agreed to give child to her custody.

The emails and messages which has written by her against me and my family - will this proofs become valid in court?

At this point of time, my daughter is studying in UKG and her school is near to the wife house(own) and still nearer to husband rented house. as husband will drop child to school and grandparent will pick her up from school, mother not even tried to come to school and talk to child. but will be coming to husband house and make newscense and quarrel and scoldings to me and my parents very often like once in a week.

bearing this, i am fed up with her attitude and cruel behaviour.

At this point of time, shall i change my daughter school and go to another house, which would be away more than 20 kms 

or Let my daughter study in same school where she is studying right now and i change the house which is away from school above 10 kms.

what would be the best.

@ Author

Take simple steps

I must add your wife is sensible not to go to school. School crashing by either parent when custody tussle is the worst they can gift to their child.

1. By 90 days I mean to say logically the time limit kept for mediation proceedings to be over in maximum 90 days. If both miya biwi raazi then in 30 minutes it gets over. However, if it fails a simple report of 'fail' is sent along with case file to the concerned Court.
The idea of mediation is better over prolong litigation to couples who have child.


2. Summing up your so called fatherly apprehensions; get receiving of an Application to Play School Incharge that one family member (name / age / photo / emergency contact number) will come to drop the child and in same way same and or another family member will do the same for pick up the child from play school. The child should not be handed over to any other person without written consent of either of these two entities. Make mildly very clear to Play School Incharge that litigation on cards for child. Don't worry off the records each School Incharge knows now that every 11th. child in their school parents are fighting either in their bedroom or in courts so your such application is not the first or the last going to be.
All your apprehension are removed once you are able to take this receiving application.


3. There is no need as apparent in given circumstances to shift roots (education wise) of child with one blow hot blow cold call of a mother. Put yourself in her place had she done such shifting how many times you may have come to Hon'ble SC ! Flip this, a non custodial parent can't be denied school visitation. Don't create such opportunities to mother to snare upon you when going till date is so far so ok ok. Present yourself and mother of child in front of child of such tender age as 'caring' for her welfare. Fight till death in court not before her school gate.


4. You are placed equi - distance and BTW a child custody decisions in either favors travel only upto 7 kms. not 20 kms. as you are made to believe. By this I add even visitations are granted keeping in view this time travel space in mind by Ld. Judges as equity to both parents subject to tiny tots 'welfare' during those visitation days.


5. There are catena of citations which talks of complete denial including visitation to mother. Take steps one at a time since you have the physical custody of child and keeping welfare of child in mind you may agree to give visitation of child in moderations as in "keeping visual distance during visitation not hearing distance' / "any eatables to be given to child it should be packed and with expiry date' "a public place to begin with for initial visitation at convenient time of child during day time' like that. 


Give something to receive something in return is also one line of thought if she has not really attempted to kill you and your side of family :-) See until a wife does not file (as in u r really FIRyed) a crl. case all these are in civil domain where little give and take is the way out from larger miseries.


All the best to both of you with a tiny 1/2 in between looking at YOU.

Now what / why papa.....ha ha