LegalFighter (test) 18 June 2015

Wife asking mcd without a soft corner -need advice

Dear Experts,

Below is my old post:

https://www.lawyersclubindia.com/forum/Separated-wife-with-child-from-husband-103355.asp#.VYJmsvmqqkp

After a long time and below processes my wife now agreed for MCD:

1. I filed RCR after 8 months of separation

2. She neither filed counter nor ready for reunion and she dragged the case for 1.4 year.

3. So i withdrawn the case by filing a memo to the court saying "Respondent neither filed counter nor ready for reunion and she dragged the case for 1 year, so I lost my confidence on reunion.Hence iam willing to withdraw the same in a motive to file divorce".

4.During my withdrawal hearing, my wife came and she signed in the memo saying "No Objection" for my RCR withdrawal

5.I filed Divorce based on 2 years seperation and cruelty for not showing my child to me past 2 years even after I requested her in the first councilling, SMS and several mails.As well I have filed visitation petition for my 3 years old male child.

6.Now her advocate contacted my advocate and said "We will give MCD without alimony , but your client shouldnt ask for custody of child or visitation now or in future and same should be documented as part of MCD"

Please suggest me at this point what kind of decision should i take.My intention is to get divorce but at the same time i dont want to loose my child since he is very attached to me till his 6 months and he is part of my soul.As well I always wish and ready to raise him up and spend money,time for him.At the worst case,let my wife takes the custody but atleast i need a visitation rights to show my fatherhoodness in order to raise him up as a kind human.And its his wish in the future to choose to live with me or my wife.

My question is below:

1. If I accept for MCD now with above conditions, can i file child visitation rights petition after getting MCD judgement? Whats the possibility of getting visitation rights?

2. If I accept for MCD now with above conditions, can i file child custody petition after getting MCD judgement and once my child completes his age 5 ?whats the possibility of getting custody?

3. If I accept for MCD now with above conditions, can i file shared parenting petition after getting MCD judgement and once my child completes his age 5 ?whats the possibility of the getting same?

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5 Replies

(Guest)

Dear Vaango...

In one way this is golden opportunity grab it, but at the same time she wants the egg, ie hen wants the egg, later on you will feel need for egg, so better decide you want MCD or you want egg {CHILD}, emotions run amok... sooner or later you will feel the need of child and you yourself will file G&W case for custody and visitation rights.

as you got child out of the marriage its better to not let go and stick to marriage for sake of kid.

Kiss goodbye to wife and kid and forget kid forever and let them live in peace and you find your peace elsewhere, as it does not make sense to say no to wife and yes to kid, it will be like telling I want paste but i dont want toothpaste cap. So think and make decision and whatever your decision is, stick to it. DO not WAVER in your thoughts and decisions. All the best,

sandykrish (Interested in Family LAW) 19 June 2015

Father is always a natural guardian, say custody rights will be with you. Dont mention about visitation rights, right after second motion you have option to file a GWA and pray for visitation right. Dude it is one missile killing too eggs. Lucky man as HH suggesting. Listen to this gentleman he might sound harsh a perfect guide a motivator. Helping Hand I hope you remember me, the Mysore guy who came to you for help.

LegalFighter (test) 19 June 2015

Hi HH/Sandy,

Thank you both for the suggestions.More advices and suggestions are appreciated, so that it helps me to make a right decision on right time amicabily.

@Helping Hand:- FYI.Even in the first councilling of my divorce petition,I asked my wife to come back to lead good life with our child.She refused and told that she would like to go for MCD and she doesnt need any alimony for her or son.So the option of reunion(atleast for the sake of our child) is not at all possible.

(Guest)

When you have such a adamant wife at hand, what you are left is with the roller pin and the wall. Dont waste time behind case, this court case will run for next 12-15 years {divorce, custody case for kid, visitation rights for kid, alimony, permanent alimony}, find someone else of your mental compatibility and start living with that girl. No piont in crying over the split milk. Man or Woman lives only for 50-60 years, case or no case, marriage or divorce or remarriage, you will have to do within this time frame only.

Just ensure your kid gets proper treatment from your wife, pay alimony to kid if not for your wife.

Rest act swiftly with regards to your burn married life ie remarriage or live-in. Time and tide wait for none. All the best.

@sandykrish hope you are doing fine, hope your life is peaceful. Court cases dont do good to anyone when it comes to matrimonial disputes, hopw your case is over. WIshing you nothing but good.