Hi , I & My wife are planning for mutual divorce. My wife lawyer has give me draft mutual divorce consent terms. Kindly advice whether can i legally file child visitation case post getting mutual divorce. she is not ready to change consent terms. below is one of clause in consent terms for child custody. That the petitioners states that the custody of child master sarvesh shall remain forever with petitioner no.2 (my wife) and the petitioner no. 2 (my wife) shall take care of child master sarvesh during his lifetime. That petitioner no. 1 shall not interfere in any manner between the petitioner no.2 and child master sarvesh. That petitioner no. 1 shall never claim the custody of son child master sarvesh by any means ie personal request or through court custody petition neither the petitioner no. 1 shall make any attempt to meet / Contact with child master sarvesh during his lifetime.
please contact me on my mobile [deleted] pradeep
Don't agree to these consent terms
2) insist on joint custody of child
3) if wife not willing for joint custody you must claim visitation rights in the consent terms
4) no doubt that you can claim visitation rights later but it is better it is incorporated in the consent terms
You have to make payment and seek phone consultation from any lawyer on this website
1. After the filing of the mutual divorce you an not file child visitation suit.
2.However if there is any such terms in the MCD and the same is not complied by her then you can file such application in court to implement the terms.
3.Even if there is no such terms mentioned therein you can file custody suit only when there is proof of welafare of the chuld is at grave danger.
1. If the issue of child custody/visitation is not sealed by the MCD decree then you can surely agitate it in the competent court. However, if you agree to the consent terms you will not be able to maintain any petition for child custody post MCD decree unless you can prove that welfare of your child is in peril in the hands of his mother.
2. If there is no positive agreement between both of you with respect then I do not see MCD coming forth in the first instance.
Dear Pradeep
If you are ready to accept this consent/terms of your wife then you can not even visit the child, if your wants visitation rights of your child then refused the same.
Feel free to call
Actually my parents & local lawyer are suggesting below points 1. she is not claiming anything for child. 2. Further if I will not agree these terms than she will file multiple false allegation cases on me & my parents which again will trouble me ( including time & money). 3. I will not get divorced till this matter is resolved which may take many years. 4. is there any evidence which i should collect now & later show to court (after divorce) that I was being pressurized by my wife to sign MCD with these terms so that court will grant me visitation 5. kindly suggest any trick or idea or method 6.Thanks a lot for your earlier response.
That the petitioners states that the custody of child master sarvesh shall remain forever with petitioner no.2 (my wife) and the petitioner no. 2 (my wife) shall take care of child master sarvesh during his lifetime. That petitioner no. 1 shall not interfere in any manner between the petitioner no.2 and child master sarvesh. That petitioner no. 1 shall never claim the custody of son child master sarvesh by any means ie personal request or through court custody petition neither the petitioner no. 1 shall make any attempt to meet / Contact with child master sarvesh during his lifetime.
The above condition is injustice and against the natural justice.
If this condition is drawn in the decree of divorce then you cannot even prefer an appeal against this.
Better re-think and dont agree for divorce if this condition is not removed.
She do not have rights to prevent you from visiting your child.
If you agree for this condition then you ma not be able to claim the child or its custody at any later date also.
So better reject this condition and ask her to either change it or cancel the mutual consent divorce petition and you may file a contested divorce petition from your side.
please contact me on my mobile [deleted]
pradeep
Why should somebody contact you, if you want to have personal consultation from any expert lawyer, you may contact them by taking down their details from this forum
1. she is not claiming anything for child.
Bit she is claiming the child itself.
2. Further if I will not agree these terms than she will file multiple false allegation cases on me & my parents which again will trouble me ( including time & money).
This does not means you should lose your rights, let she file any case, you can challenge them after obtaining bail.
3. I will not get divorced till this matter is resolved which may take many years.
If you want your child then you may wait
4. is there any evidence which i should collect now & later show to court (after divorce) that I was being pressurized by my wife to sign MCD with these terms so that court will grant me visitation
Better dont sign the papers for MCD with this conditions
5. kindly suggest any trick or idea or method
No trick, just be true to your child.
it is true that if you dont agree to her demands she would file multiple false cases against you
2) but if you are willing to grant wife sole custody of child then wife should grant you visitation rights
3) even your wife must be wanting divorce if she has to remarry
4) amicable settlement is the best option
5) dont budge from your demand for visitation rights for child
Sir, if I will keep only below clause after deleting some portion( refer my original question also) in MCD terms then can i later get claim visitation rights of my child. That the petitioners states that the custody of child master sarvesh shall remain forever with petitioner no.2 (my wife) and the petitioner no. 2 (my wife) shall take care of child master sarvesh during his lifetime. That petitioner no. 1 shall not interfere in any manner between the petitioner no.2 and child master sarvesh.
You can later claim visitation rights as it does not deny you visitation rights
The cause what you refer in your latest question is nothing but an issue which appears to be against you.
It clearly indicates that you are relinquishing yor rights in the child and the you will have no more rights on your son after this divorce.
Consult your lawyer before taking any such drastic decision.
Dear sir one of lawyer opined as per my first original query that claim for visitation in court petition not prohibited as per clause. only custody is prohibited in court petition but not visitation as per court petition. kindly give your feedback. Further he told me that if my wife remarries then based on changed circumstances also I can also apply for custody/visitation. He told me under section 26 court has power to pass suitable order even after decree of mutual divorce as per ealier court judgements in other cases. 1. Kindly clarify if she will not remarry then can i apply for visitation in court later after taking mutual divorce as per original clause in MCD. 2. if she remarries then can i apply for custody /visitation based on changed circumstances.
You are at liberty to apply for visitation rights for the child at later stage even as per original clause in MCD
2) if wife remarries she does not lose custody of child . You can apply for visitation rights for your child on wife remarriage
1. Welfare of child is of paramount importance and if you can show the same to the court you can claim custody and visiting rights as interim relief.
2. Being the biological father you can.
