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sensitiveman (executive)     06 March 2013

Wife not allowing smoth access of child

Hello Ld. experts,

My wife filed for divorce under cruelty. In the mediation, we had mutual consent for child access and interim monthly payment to kid. Unfortunately, she is not implementing the order in a proper way. She is trying to harass me by not coming on time and leaving at the same time as mentioned in the mutual consent agreement. She brings her family members due to which child hardly comes to me whereas in the mutual agreement it has been clearly mentioned that the child should be accompanied only by his mother. Also, sometimes she doesnt bring the child on access dates mentioning that the kid is not well so whenever I ask for any alternate arrangement then she doesnt even respond.

In this relation, I requested her to kindly follow the agreement so that both the child and father can have good time with each other but she is least bothered. 

From my side, I am following the agreement and making payment regularly. Kindly suggest how can I handle this or what actions should be taken?

 

Regards 



Learning

 3 Replies

stanley (Freedom)     06 March 2013

 

This is not your fault but the fault of your counsel who drafted the MCD . 

Your  conditions and terms could have been laid out in the MCD as below and stated .

1. For visitation your wife  could have been  kept at a visible distance  if so stated in your MCD 

2. She can  even be kept out of audible distance from youll during visitation if so stated.

3. If at all she skips a date for visitation it could have been  adjusted on so and so day and so and so time if so stated .

4. If the child is not well access should be allowed for you to be intimated so that you can visit the child if so stated in your MCD .

5. you could have asked for visitation at a NGO wherein it could have been  monitored .Hence failing to comply with the same could be taken as a case of contempt of court .

We all make mistakes in life but it is better to be pro-active hence read a few of Mr Tajobs in child custody section and you would gain some knowledge .

sensitiveman (executive)     06 March 2013

Thanks Stanley for the recommendations...Also, I wanted to know that whether I can skip my regular payment to child if she doesnt follow the Mutual consent agreement for child access....what will be the consequences for non payment? Can court will allow such measue if wife creating obstacles in access?

Regards

Tajobsindia (Senior Partner )     06 March 2013

1. If you donot pay then it is as good as withdrawing your consent from MCD and then back to square one which is worth an option.
2. However, if you continue paying then only advantage you may get is a divorce decree via MCD route minus she following child access conditions in spirit unless she is produced before Court under contempt jurisdiction.
3. Therefore post MCD decree one can always file change in circumstances case to modify the earlier consent child access terms and conditions which entails one more soft visit to superior Court (Sessions or HC as the case may then turn out to be).

 

In current situation concerned Court has very limited role to play as current file before the Court was based on purely some mutual consent terms of parties presented to the Court to sit on and investigate during second motion and then pass decree accordingly and meanwhile parties were directed to see some reconciliation (during cooling period) happening and to follow their mutual agreements in spirit.

Make now a informed decision before second motion what option you want to cherry pick from above two as to me stopping payment this month onwards is not a bad informed decision (but inform the Court before second motion reason of your consent withdrawal is due to her ir-regular child access gratis being given to you) and in such matters 'request' word should not have been used for taken for granted tricky metro wife.  


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