Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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John Almeida (Team Member)     13 May 2013

Mutual divorce - child custody

Dear Sir/Madam,

Out of the 7 years of marriage we have a 5 year old son, we have filed for mutual divorce on basis of incapabality and irrecoverable relation.

However wife claims for the permanent child custody and to have access to him once a month for 4 hours in her presence only.Also there's a claim for 50% share in the house which i own along with monthly Rs 5000 as child support.

Iam fine with the divorce , it's just that i need unconditional access to my son as Iam also a parent to him.

Can i claim custody if not atleast unconditional access and let my son not be part of the divorce.I dont want him to grind between our differences.

Pls advise.  Thank You.

 



Learning

 7 Replies


(Guest)
Originally posted by : John Almeida

Dear Sir/Madam,

Out of the 7 years of marriage we have a 5 year old son, we have filed for mutual divorce on basis of incapabality and irrecoverable relation.

However wife claims for the permanent child custody and to have access to him once a month for 4 hours in her presence only.Also there's a claim for 50% share in the house which i own along with monthly Rs 5000 as child support.

Iam fine with the divorce , it's just that i need unconditional access to my son as Iam also a parent to him.

Can i claim custody if not atleast unconditional access and let my son not be part of the divorce.I dont want him to grind between our differences.

Pls advise.  Thank You.

 

 

Forcefull pleading is the only way out.


Second option might be, as you are okay with other things and parting ways, ask your ex to be a little more gentle on this issue, that to have visitation rights on mutual understanding, as if you keep on moving to court for each and everything, its not just the ex who will get harrassed, but the kid too.

Akshay Sahni (Founder/Partner)     13 May 2013

Dear Sir/ Madam,

We would be able to assist you, for any further queries please visit www.indialawhelp.com

We have offices in New Delhi, Noida, Mumbai, Pune, Hyderabad, Ahmedabad, Baroda, Bangalore, Dhanbad.

 

Regards

Akshay Sahni

Advocate

09891982832

www.indialawhelp.com

have a heart foundation (member)     13 May 2013

Kindly find herewith attachments of 
 
"Child Access & Custody Guidelines" Approved by Bombay High Court.
 
You can also download
 
"Parenting Plan" Approved by Bombay High Court from the website www.childrightsngo.com

File for Child Custody under Guardians and Wards Act asap..
 
Court will grant you more meaningful time and overnight access then just 4 hours supervised access by wife. 
 
Both parties can also Sign Parenting Plan in the best interest of the child and can submit the same to court by Mutual Consent.

Attached File : 78456832 child access & custody guidelines- book.pdf downloaded: 372 times

have a heart foundation (member)     13 May 2013

 

Kindly find enclosed herewith attachment of 

"Parenting Plan" Approved by Bombay High Court

Both parties can also Sign Parenting Plan in the best interest of the child and can submit the same to court by Mutual Consent


Attached File : 78456832 parenting plan crf.pdf downloaded: 273 times

ANAMIKA VICHARE (LAWYER)     14 May 2013

It is better that u do nt try to seek custody, just ry for visitation rights.  Adv Vichare 0091-9920764088right now I am in USA till 31st May you may give miss call 01-317-801-232, i will call u back

Have a Heart Foundation (Sales & Mktng)     14 May 2013

SAD, ADV. above is MISGUIDING YOU.

Agreed with hahf,

Courts are Granting Access, So you need to file for Child Custody rather then begging to your wife. She will give you one access and deny the other... and this will continue for years and years...

Filing for Child Custody is the only reliable OPTION..

if after court orders access is still not given.. you can file for contempt of court..

Babu (Teacher)     20 December 2014

DearAll,
 

Please suggest me what to be done in this case. Any good citation would be really helpful?

I am physically challanged with 100% of disability. My both legs were afftected by polio at my chilhood. I Cannot walk. Working as Teacher (Govt. employee).  I married one lady in 1998. A boy was born in 1999 Divorced in 2004.  The boy's custody forever with mother. But she expired  in 2005.  The boy is living with mother's parental family, with the brother of his mother.  That my son was adopted by him.

I married another lady in 2005 according to Hindu customs and rites. Got a male child on 13-09-2005.  And a female child on 27-08-2007. She converted into Christian religion in 2002 (Took Baptism - I have got her baptism certificate ).  She committed for criminal activities towards me and my father. She punished by the court u/s 323 and 506 of I.P.C. She also beat young aged children where medical treatment was given (prescripttions available).  My wife discontinued 10th class. I encouraged her to continued studies, joined in B.A. open university. But she failed to continue it.  She developed extra marital relationship with one guy at where we lived.   And she left my society on 14.04.2013 along with female child where a missing complaint was filed. Our male child was staying with me.  After 3 months she came to me along with the female child and stayed for 20 days and went away along with the two children on dt. 25-07-2013. At the time they were studying in private school under my custody.  I called her to come back. But she did not heed. I used to send articles, dress to children. My wife filed maintenance case u/s 125 Cr.P.C. where she is residing. I filed O.P. seeking Restitution of conjugal Rights But she remained absent after counseling made. Ex-parte decree passed in favor me. And the M.C. case was transferred to my place on the ground of my disability. I am paying the children school fee upon the request of the school management (Through phone call) as the mother not paying. The male child is in 10th year studying 4th class. The female child is in 8th year studying 2nd class. The children may like to continue with their mother as they are residing with her now.  The female child told me over the phone that she is afraid of her mother. My wife also wrote me a letter stating that she is working as tailor at her place She joined children in a corporate school. She is residing in her parental house though I called her to come back. She is getting trouble to pay children school fee which are heavy.  Requested me to send school fee. And she also wrote me if I pay school fee she can withdraw the M.C..  I already sent the school fee and continuing.  I wrote two letters with calling her to my conjugal society otherwise send the children to me in view of welfare and future of children.  Which were not replied till now.  Last letter to her by me on dt. 16th Novemer, 2014.

Me and my father are very much interested towards the children. As they are very attached us.

The male child born in the place where they are residing now.  And the female born at my place. They stayed with me upto July, 2013. 

 

Now my questions are:-


1.                   I would like to file custody petition.  Where should I file?  Either in my living pass – RCR decreed, The children grew here

2.                   or the place of residence of children right now. – The male child born there and they are residing there from July, 2013 continuously – Studying there.

3.                   What is jurisdiction point to file child custody petition?

4.                   Is there any possibility to execution RCR decree.   And what is the procedure?

5.                   Am I eligible to get child custody?

6.                   Is she eligible to get maintenance after RCR decree passed in favour of me. (Ex-parted)

7.                   What is the time limit to re-open the RCR set a side by her?

8.                   She ready to give divorce.  I am not interested to leave the children with her.  And I think she may change. 

Seeking your valuable opinion on these points.  Kindly reply as soon as possible.

With warm regards,

BABU

+91-9550584717

<babuanapa@gmail.com>


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