• Which rule or law says that in visiting right father cant get gift for the kid?

I had few queries based on the Portugese marriage laws with regards to girl child when the age is 8 years old currently.

Is there any clause/ Rule/Section which doesn't allow father to carry any gift/Clothes/Jewellery/Toys for his kid in the visiting hour/rights and in case if court sets first and third Saturday meeting to be allowed but due to work if father cannot meet then what is the fathers right here ?

At what age the 50% custody of kid is permitted with the father in case of girl child ?
In case father remarries is there a rule which says the girl child cant meet the next spouse or cant go to the fathers house post his marriage ?

I was told to pay a fix maintenance of 5000/- per month for the kid but then the terms and conditions says "the parties hereby agree that all the education expenses of the child, until the completion of college education of the child, shall be split and borne equally by both the parents.".I am not sure what it actually means.

How many years is father liable to pay for the maintenance of kid ? Till the age of 18 years ? Can the law force father to pay beyond the kid attaining 18 years of age when the kid is adult actually as a father when will he save for his retirement and it should be entirely fathers wish? 

In case the wife remarries post divorce can the father get 50% of daughter custody or it goes complete 100% to the new father and the wife ? 

The original amount to be paid as per the Portugese law was agreed in mitigation for 9 years to be paid in equal installments but suddenly it is changed by the opposite party and the time duration is less and this takes a close to 50% pie of my take home salary impacting all my other loan emis. So can the 1/3rd salary law consider post my all deductions or is it on post tax income ?

The opposite lawyer is asking me to attach my property which is in bank loan as a guarantee, So my question is can that be applicable considering 90% of the loan is yet to be paid and secondly she also mentions that the property will be encashed in case i missed the payments. Also I wanted to know in case of job/health issues if emi are missed then how it goes. does the law waits till the man gets a job and starts repaying ?
Asked 6 years ago in Family Law
Religion: Hindu

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9 Answers

You are at liberty to carry gifts for child 

 

2) father can request court to grant visitation rights on Sundays 

 

3) apply for joint custody of your child 

 

4) no such law that daughter cannot visit her father residence after his remarriage

 

5) merely because wife remarried does not mean you lose custody of your child 

 

 

6) court generally awards one third net income after taxes as maintenance 

 

7) no need to give any guarantee

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

No there is no such law which restrict father from giving gift to his child. 

After age of 12 years of your girl child you can file case for getting alternate custody of your child.

In case of girl child father have to bear the cost of maintenance till marriage of his girl. 5000 fixed maintenance plus half of the education allowance of your child have to be given by you. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

 If the aforesaid things are in Portuguese court or with Portuguese court order. As per the Portuguese law the maintenance is till 18 maximum age. You can claim custody 50 percent anytime under joint custody as it's valid in Portugal. The order cannot be changed by the opponent lawyer you need to inquire the same with portugal family proceedings court about the actual changes. 

Don't attach any guarantee can't tell you anything without going through actual order copy

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Is there any clause/ Rule/Section which doesn't allow father to carry any gift/Clothes/Jewellery/Toys for his kid in the visiting hour/rights and in case if court sets first and third Saturday meeting to be allowed but due to work if father cannot meet then what is the fathers right here ?

no such rule. If father is unable to meet the child on the permitted days due to work, he can apply to the court for a modification


At what age the 50% custody of kid is permitted with the father in case of girl child ?

In case father remarries is there a rule which says the girl child cant meet the next spouse or cant go to the fathers house post his marriage ?

no such rule

I was told to pay a fix maintenance of 5000/- per month for the kid but then the terms and conditions says "the parties hereby agree that all the education expenses of the child, until the completion of college education of the child, shall be split and borne equally by both the parents.".I am not sure what it actually means.

maintenance includes expenses for education. So the education expenses till college completion will have to be split between the parties

How many years is father liable to pay for the maintenance of kid ? Till the age of 18 years ? Can the law force father to pay beyond the kid attaining 18 years of age when the kid is adult actually as a father when will he save for his retirement and it should be entirely fathers wish?

till majority generally

In case the wife remarries post divorce can the father get 50% of daughter custody or it goes complete 100% to the new father and the wife ?
custody of child will be as per court's final decree

The original amount to be paid as per the Portugese law was agreed in mitigation for 9 years to be paid in equal installments but suddenly it is changed by the opposite party and the time duration is less and this takes a close to 50% pie of my take home salary impacting all my other loan emis. So can the 1/3rd salary law consider post my all deductions or is it on post tax income ?

opposite cannot do changes in the terms unilaterally. Court order will be required

The opposite lawyer is asking me to attach my property which is in bank loan as a guarantee, So my question is can that be applicable considering 90% of the loan is yet to be paid and secondly she also mentions that the property will be encashed in case i missed the payments. Also I wanted to know in case of job/health issues if emi are missed then how it goes. does the law waits till the man gets a job and starts repaying ?
opposite lawyer can ask for anything. It is for the court to decide. In case of any difficulty, you can always apply to the court

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Visitation right of father will be acc. to court order. IF due to work he cannot visit on schedule days, request court to exchange with other days, No role of personal law in this. And if father is restricted by wife to bring gifts to daughter, get the direction from court.

Father is first natural guardian of child and mother right of absolute child custody is up to 5 years o age than after father can claim. No bar to meet next spouse but such things decides by parents equally. No prerogative of sole parent.

This mean child education expanses till her graduation will share by both parents equally. eg. 100rs fees - 50rs by your and 50rs by mother.

Law is claer, even major unmarried daughter entitle to maintenance so long she is unable to maintain herself out of her own earnings.

On her remarriage , you can claim extension of custody.

So can the 1/3rd salary law consider post my all deductions or is it on post tax income ? -- NO

No attachment allowed as a security, if you failed to pay, court will issue arrest warrant, still not paid than will proceed to recover from property. Since, property is hypothecated with bank, attachment not possible.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Don't execute bank guarantee unless order specifically directs. If order also directs appeal against the said order

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Wife can file DV case now as it is a continuing offence 

 

2) it is advisable that you take opinion of another lawyer in Goa familiar with Portuguese law as to whether bank guarantee is necessary to be given in event of divorce 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

The father cannot be restricted to carry gifts to the child during his visitation rights;

If the father misses one visitation he cannot claim to compensate that by adding an unscheduled visit.

 

There is no such provision in law tht the father can get 50%  of child custody at a certain age of the girl child, it is just an understanding or by a court order.

If the father remarries and the girl child would like to see his new spouse, she can very well do it, there is no restriction on it.

 

The maintenance of Rs. 5000/- has to be paid, besides the father has to bear the 50% expenses along with his spouse  towards child's educational and other expenses.

 

The father has to pay maintenance to the girl till she gets married, he cannot stop it at her 18 years of age.

 

On her remarriage the father has to apply for child custody to the full extent and place his arguments to convince court, but it is not confirmed

 

The 1/3rd amount is on the take home salary.

 

The opposite lawyer may tell thousands, it is not practically possible hence just ignore it.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

If you canot provide bank guarantee, then you may claim unfeasible and inform court that it is not at all possible to furnish any other security as well.

Let the court take any action, if it is against your interests then you may file an appeal 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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