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Nash (Proprietor)     06 November 2013

Separate father can meet kids

I'm Divorce Father and my kids got custody with my x-wife.  I'm not paying any maintenance to her.  In this case Family Court gave order as below :

Permanent custody of the children to remain with mother, father having no access, mother waiving past and future maintenance rights for her and her children are the conditions of the consent terms. The permanent custody of daughter and son respectively would remain with the mother

In this condition AM I ALLOW TO SEE AND MEET MY KIDS OR NOT ?

IF YES THEN HOW ?



Learning

 4 Replies

Ramesh (student)     07 November 2013

Dear  Sir,

Can you please post me the terms and conditions and the court order for non paying the maintenance.

Similar is the mine case where wife do not desire that his father met with the child but on the contrary

she is asking regular payment of maintenance of child.

please inform the mail id or contact no for further consulting.

regards

ramesh

myngone@gmail.com

T. Kalaiselvan, Advocate (Advocate)     07 November 2013

This is a very cruel terms and conditions for no to maintenance amount.  How did you agree for such a worst agreement.  If this is to be taken for true, it is you who is to be blamed for the debacle.  However, if you still have time, you can go for an appeal before the higher court or revision giving genuine reasons as your pleadings.  Only the higher court can revise the said order.

Psycho victim (Executive)     11 November 2013

Dear Nash


How did you agreed for the condition in the mutual term agreement. You should have insisted about the children's interim custody and visitation terms to ensure their fatherhood is not lost for the sake of relieving from their maintenance expenses. Are u not ready to take care their maintenance expenses?

Adv. Chandrasekhar (Advocate)     11 November 2013

want to have the cake and eat it too, is not possible.  you wanted to abdicate the responsibility of paying maintenance to your children and as a quid-pro-quo you had forgone your visitation rights.  The terms of settlement were neither framed by the court nor dictated unilaterally by your wife.  With eyes wide open and in the open court two intellegent persons came to an agreement and the same was recorded by the court.  If you want to change the terms of settlement, you move an application explaining some fathomable reasons acceptable to prudent mind for agreeing such absurd settlement, before the same court, seeking visitation rights and your wife will at the first instance file objections and after a little wrangle, the matter will be settled by the court by providing visitation rights along with the tag of paying maintenance to the children to some extent.


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