1. When both of you opt for divorce on mutual consent , you may both mutually settle the custody of the child before filing the joint petition.

2. Before you agree for mutual consent divorce, let the custody of the child be settled once and for all.

Respected sir ...

1- In Your case it will affect only if she mention ground in the statement which will be recorded in front of judge in first and second motion ...It will be much better for you that mention there in statement that child will be live with father and mother had no Right over her ...

2-ya that can be possible just you need to mention in statement that all case from both side will be widdrawn after the decree

3- As I mentioned in ans number 1 follow them you need not to worry about anything ...

Thank you

1.Mutual consent divorce petition is a separate proceeding to be filed under section 13B on certain consent terms.

2. yes child custody can dealt in Mutual Consent petition

3. Mutual Consent divorce itself says that its a divorce decree on mutually agreed terms and condition.

for further clarity contact.

If you withdraw child custody case you would not be granted child custody

2) MCD should contain clause regarding child custody

3) in alternative it should mention that you ha e visitation rights

1. All the cases filed by her and by you are distinctly different and independent in nature. So, withdrawing all cases by her before filing MCD petition will not impair your child custody case filed by you. Moreover, she can not withdraw her 498A case since section 498A of IPC is non compoundable. She shall have to execute an affidavit affirming that she had lodged the said complaint out of domestic rage which has now been settled based on which you shall have to file a petition before the high court praying for quashing the FIR filed against you and she should depose confirming her said affidavit if the Judge of the High Court questions her in this regard.

2. You can jointly file the MCD petition after she withdraws all the cases filed by her and you get the FIR filed against you quashed, which will be decided with in 6 & 1/2 months from the date of its filing.

3. Filing MCD application will not adversely affect the child custody case filed by you. It will allow you to get rid of her and if she marries after getting divorced, it will be easier for you to get custody of your child.

You have withdrawn allegations made in divorce petition of adultery and cruelty

It would not be considered as evidence

1. If you have irrefutable evidence of her committing adultery recorded before the Court, then it will certainly go in your favour to get custody of your daughter.

2. If you can prove her suicidal tendency with the history of her suicide attempt along with your daughter, then you shall have a very strong case to get custody of your daughter.

For divorce with mutual consent a joint application under section 13B(1) HMA is filed before the Principal Judge, Family Court and the first condition to file application is that the parties to the application should be living separate atleast for one year. All the terms agreed between both of you mutually can be mentioned in the joint petition including custody of your child and withdrawal of all the cases before filing of application of Second Motion.

After passing of 6 months, again second motion is filed and a decree for divorce with mutual consent is obtained from the court. On getting the decree for divorce by way of mutual consent, all the cases should have been withdrawn and you will get the custody of your child. However, Hon'ble SC has waived the condition of 6 months and now if you give valid ground that you can't wait for 6 months, the second motion can be filed 15 days after passing of the First Motion.

Questions

1. Will this effect child custody grounds as all cases will be withDrawn.

Ans.: In case you mutually agree that who will keep the custody of child, you will have no child custody ground. Whatever is agreed can be mentioned in the joint petition.

2. Can we take mutual consent divorce pending child custody.

Ans: When you are taking divorce by mutual consent then make a consent on child custody also. If there is no consent on this ground what for the divorce by mutual consent pending the custody of child.

3. What are pros and cons in doing this.

Ans: Decide patiently mutually, in case she or you want visitation rights, you can mention in the petition. Resolve all issues amicably and reduce in writing in mutual divorce petition. On getting decree for divorce by mutual consent there should be no issue left to be decided.

1) first don't withdraw child custody case and file case RCR against her and then withdraw all cases and ask her to withdraw all cases from her side.

2) Than laterbon file for Mutual Consent Divorce.

1. Yes. Rather, if you both are ready to withdraw all the cases, why to leave the child custody case? You and your wife must come to consensus on the aspect of child custody too.

2. Not advisable. Do something with respect to child custody too.

My question is if the grounds of adultery, pleadings and others evidenCes that has been submitted by her will be void or will be considered as evidenCes in my child custody proceedings after mutual consent divorCe

Ans. You may continue to use it as an evidence, but having once withdrawn all your allegations against your wife in terms of the compromise, you'll not have much vigor to present these evidences before the court with force .

1. No this will not effect child custody case

2. Yes you can

3. Custody of rhe child will be decided while considering welfare of the child. The Supreme Court has held that welfare of the child is of paramount importance while deciding the custody of the child.

As told earlier welfare of the child is of paramount importance while deciding the custody, if you are able to show that welfare of the child will be better in your custody then the custody will be given to you.

Regards

After mutual consent that evidence will not be filed or read by the court as both of you condone each other's atrocities.

It will be better to execute an agreement with her refer the matter before mediation and settled the matter with all terms and conditions including the child custody.

Feel free to Call

You can take mutual divorce and decide child custody mutually as well as through court. Mutual divorce will not affect child custody case.

Questions

1. Will this effect child custody grounds as all cases will be withDrawn.

The child custody to be decided on an agreement and the same to be drawn in the decree so that there is no problem in future in this regard.

2. Can we take mutual consent divorce pending child custody.

The child custody also can be decided in the same mutual consent case

3. What are pros and cons in doing this.

If there is a mutual consent divorce, you may avoid lot of things, i.e., money on litigation, energy and time but you should not go down too far low in the name of settlement

I need my child dauGhter and henCe child custody Case will be proceeDed as a case only. My question is if the grounds of adultery, pleadings and others evidenCes that has been submitted by her will be void or will be considered as evidenCes in my child custody proceedings after mutual consent divorCe

If you have decided to support her request for mutual consent divorce, then you may have to withdraw your allegations about her adultery and other issues. If so, you can draw the terms for child custody in the mutual consent divorce itself and can get it drawn in the decree of divorce itself.

Hi,

In agreement of mutual consent, decide and clarify all your points like child custody with you, no alimony etc.