satish (ssm) 27 October 2014
Tajobsindia (Senior Partner ) 27 October 2014
@ Author,
1. One should not have signed agreement the way it is stated as no purpose to seek divorce is solved until S. 498a IPC is quashed and visitation is also granted to you is my view.
2. You may withdraw your consent during forthcoming mediation protesting in writing that your consent for divorce taken by force, pressure stating in clear terms that she filed S. 498a IPC to force me to sign consent for mutual divorce and also taking away rights of child not to visit natural father forever which is nothing but sheer blackmail! Least to least after withdrawing your consent from mutual consent what will happen is that S. 498a IPC will continue and anyhow she is not allowing you to meet the child so your position is not worse but nearly neutral and if she is not able to prove S. 498a IPC then not only acquittal will be announced but basing such acquittal Order you can counter claim cruelty and claim divorce in your favour. So far as visitation of child is concerned you can always file Visitation Application under Guardianships and Wards Act (S. 12 GWA) which is for granting interim visitation of child to natural parent and is mostly awarded in one hearing.
3. With such divorce happening via mutual consent, loosing even visitation for ever and S. 498a IPC still remaining over your head I donot see any real purpose solved opting mutual consent divorce by both of you read with minor of parties future.
4. One should either say NO to visitation or should not have used S. 498a IPC to force other person to sign on mutual consent divorce under pressure which is against the basic principles of fairness is my view.
5. Hence make a clear conscious call how you want to proceed after understanding above paras which I feel you also know.
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