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My minor son's custody battle

Page no : 3

Sameer Desai (Office In-Charge)     08 March 2014

DEAR EXPERTS PLEASE ADVISE,

MY CASE HAS ALMOST COME TO END .......THE GRANT PARENTS HAVE MUTUALLY COME FORWARD TO CONSENT TERMS WITH ME AND I HAVE AGREED ALL OF THE TERMS IN REGARDS TO THEIR ACCESS AFTER HANDING OVER PERMANENT CUSTODY  TO ME (BIOLOGICAL FATHER) 

BUT SOME CONSENT TERMS ARE NOT AGREEABLE TO ME WHICH I HAVE CUT PASTED BELOW. PLEASE CAN SOME ONE HELP ME WITH THE SAME AT THE EARLIEST. AS WE ARE TAKING THE CASE ON BOARD AT A SHORT DATE.

5.  The Petitioner have assured to the respondents that he do not intend to remarry however in the event the Petitioner decides to remarry he shall either send back the child to the Respondents or shall make his arrangements in some residential school as per Petitioners convenience and capacity.

 

6.  The Respondents herein state that though they do not intend nor are interested in approaching the employer or colleagues of the Petitioner however for the sake of emergency, the Petitioner shall provide contact details i.e. phone no’s and address of the place of employment of the Petitioner before taking custody of Kartik and shall also inform the respondents about change therein, if any, from time to time.

The problem is i cannot give my Employers details as my Employer does not know about my MARITAL STATUS. 

PLEASE GUIDE ME FOR THE POINTS GIVEN ABOVE AS THE EARLIEST . MY CHILDS FUTURE IS AT STAKE SINCE HE WILL GOING TO 1 STD AND ALREADY I HAVE SECURED HIS ADMISSION IN A GOOD SCHOOL NEAR MY RESIDENCE.

PLEASE & GOD BLESS

Sameer Desai (Office In-Charge)     08 March 2014

DEAR EXPERT MEMBERS,

          I NEED YOUR GUIDANCE AS MY CASE (BIOLOGICAL FATHER VS GRANDPARENTS) IS ALMOST COMING TO AN END

THE GRAND PARENTS HAVE MUTUALLY AGREED AND HAVE COME OUT ON SOME CONSENT TERMS.

I HAVE AGREED TO ALL THEIR CONSENTS TERMS IN REGARDS TO MY SONS ACCESS AFTER THEY HAND OVER THE PERMANENT CUSTODY TO ME.

I AM NOT AGREEABLE FOR TWO CLAUSES WHICH I AM AGAINST AND THEY ARE AS UNDER.

NEED YOUR EXPERT GUIDANCE IN REGARDS TO THESE CLAUSES.

5.  The Petitioner have assured to the respondents that he do not intend to remarry however in the event the Petitioner decides to remarry he shall either send back the child to the Respondents or shall make Kartik’s arrangements in some residential school as per Petitioners convenience and capacity.

6.  The Respondents herein state that though they do not intend nor are interested in approaching the employer or colleagues of the Petitioner however for the sake of emergency, the Petitioner shall provide contact details i.e. phone no’s and address of the place of employment of the Petitioner before taking custody of Kartik and shall also inform the respondents about change therein, if any, from time to time.

THE FIRST CLAUSE IS AGAINST MY MARRIAGE AND THE SECOND ONE FOR MY EMPLOYMENT.

MY EMPLOYER DOES NOT KNOW ABOUT MY CURRENT MARITAL STATUS.

DO I NEED TO REMOVE THESE CLAUSES COMPLETELY FROM THE CONSENT TERMS OR IS THERE A WAY OUT. CAN WE MOULD THESE CLAUSES IN MY FAVOUR?

PLEASE GUIDE ME AS WE ARE ALMOST OF THE VERGE OF CLOSING THE CASE BY GETTING IT ON BOARD AT A SHORT DATE.

 

 

 

Sameer Desai (Office In-Charge)     08 March 2014

DEAR EXPERT MEMBERS,

          I NEED YOUR GUIDANCE AS MY CASE (BIoLOGICAL FATHER VS GRANDPARENTS) IS ALMOST COMING TO AN END

THE GRAND PARENTS HAVE MUTUALLY AGREED AND HAVE COME OUT ON SOME CONSENT TERMS.

I HAVE AGREED TO ALL THEIR CONSENTS TERMS IN REGARDS TO MY SONS ACCESS AFTER THEY HAND OVER THE PERMANENT CUSTODY TO ME.

I AM NOT AGREEABLE FOR TWO CLAUSES WHICH I AM AGAINST AND THEY ARE AS UNDER.

NEED YOUR EXPERT GUIDANCE IN REGARDS TO THESE CLAUSES.

5.  The Petitioner have assured to the respondents that he do not intend to remarry however in the event the Petitioner decides to remarry he shall either send back the child to the Respondents or shall make his arrangements in some residential school as per Petitioners convenience and capacity.

6.  The Respondents herein state that though they do not intend nor are interested in approaching the employer or colleagues of the Petitioner however for the sake of emergency, the Petitioner shall provide contact details i.e. phone no’s and address of the place of employment of the Petitioner before taking custody of his son and shall also inform the respondents about change therein, if any, from time to time.

THE FIRST CLAUSE IS AGAINST MY MARRIAGE AND THE SECOND ONE FOR MY EMPLOYMENT.

MY EMPLOYER DOES NOT KNOW ABOUT MY CURRENT MARITAL STATUS.

DO I NEED TO REMOVE THESE CLAUSES COMPLETELY FROM THE CONSENT TERMS OR IS THERE A WAY OUT. CAN WE MOULD THESE CLAUSES IN MY FAVOUR?

PLEASE GUIDE ME AS WE ARE ALMOST OF THE VERGE OF CLOSING THE CASE BY GETTING IT ON BOARD AT A SHORT DATE.

 

 

 

Tajobsindia (Senior Partner )     08 March 2014

Life is never a dress rehearsal.

1.    For parties MoU’s term no. 1 in my opinion you should agree to it. The wordings in their clause is subject to Appeal in the event you cause upon your re-marriage and wordings are not as per contract Act. Moreover child welfare questions are always left open ended by Hon'ble Court even when best of worded MoU's are 'in operations' r/w till child becomes major and or attains reasoning age. Hence I donot see you getting struck with such wordings at 'this' last mile  juncture.

2.    For parties MoU’s term no. 2 in my opinion you are not setting good example before your own child by not declaring to your employer (probably to the world per se) your marital status. The reasons are best known to you (meaning thereby no need to tell me or PM the reasons) and in such backdrop my opinion would be not to seek your own child’s custody then. However if you are competent to seek another employment immediately before child enters your custody domain then only seek custody of child pronto.

1 Like

Sameer Desai (Office In-Charge)     08 March 2014

DEAR EXPERTS,

 

            I HAVE ALREADY GOT SOME GOOD ADVISE IN REGARDS TO THE QUERY I HAVE POSTED TODAY.

BUT NEED SOME MORE OPINION AS ON THAT BASIS SHALL BE TAKING OVER MY SONS CUSTODY FROM MY IN-LAWS.

SO PLEASE GIVE YOUR EXPERT ADVISE ON THE TWO CLAUSES WHICH I HAVE POSTED TODAY.

ONCE AGAIN GOD BLESS THE PERSON WHO HAS GIVEN HIS OPINION. 

REGARDS,

Sameer Desai (Office In-Charge)     09 March 2014

DEAR EXPERTS,

           ONCE THE GRAND PARENTS HAND OVER THE CUSTODY TO ME (BIOLOGICAL FATHER) CAN I ASK FOR THE MONEY I HAD GIVEN TO HIS MOTHER  8.50 LACS (SHE IS DEATH) DURING THE DIVORCE SETTLEMENT.

WILL THEY RETURN THE MONEY AND IT IS OFFICIALLY MENTIONED IN THE FINAL CONSENT TERMS WHILE HANDING OVER THE PERMANENT CUSTODY TO ME.

IS THERE ANY DIFFERENCE BETWEEN MAINTENANCE & ALIMONY MONEY.

KINDLY ADVISE.

Sameer Desai (Office In-Charge)     11 March 2014

DEAR EXPERT MEMBERS,

            PLEASE CAN SOMEONE REPLY TO MY QUERIES POSTED TWO DAYS AGO. I AM INTO FINALIZING THE CONSENT TERMS WITH MY IN-LAWS FOR MY SON'S PERMANENT CUSTODY.

REGARDS,

 

Successfully fighting with 498 (MANAGER)     12 March 2014

Why are you agreeing those terms&conditions.

as per recent bombay HC Judgement father is natural guardian of child.

https://www.business-standard.com/article/pti-stories/father-is-natural-guardian-of-child-hc-114030501024_1.html


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