Dear Sir, Matrimonial issues are already going on and I am facing 498a, DV filed by my wife and I have filed Divorce and Child Custody Case. My Daughter is of 9 Years. I have got an order of speedy trail from HC to complete child custody within six weeks and hence proceeding as going on speedily. I have filed child custody on following grounds. 1. Attempt to kill my Daugther on railway track (Confession of my wife on oath in court and other evidences) 2. Extra Marital Affairs (Porn Clippling of my wife and other electronic evidences) 3. Her Mental Disorder of Prasuicide with Impulsive Disorder diagonised by Government Hospital. Now My wife is asking for divorce without alimony or any maintenance. Just I have to pay for My child maintenance life time till she starts earning or marriage. She is ready to file Shared Parenting Plan permitting me for Saturday Sunday access and 50% vaccation access. Question:- 1. Can My wife after filing shared parenting plan can revoke or hurdle implementation of Shared Parenting Plan. 2. If she does not adheres to terms and condition of Shared Parenting plan what shall be recourse. 3. Now as she will be divorced and if i dont have her Know how if access to my child is lost where to send her notice as I might not know her know abouts. 4. On the grounds for child custody as mentioned above, can i get custody of my child.
1. Yes she can revoke but you can approach court after the same.
2. You can file miscellaneous application in the court where the said plan was decided and filed.
3. You need to make application in the court stating that she should inform the updated address to you all the times of change.
4. Yes you can again claim for the custody
1) wife can inspite of court order refuse to implement court orders
2in such a case you can take out contempt of court proceedings against your wife
3) you can be awarded sole custody of your child
You can claim a full custody of your child with visiting rights of her mother to visit her child at any reasonable frequency.
Shared parenting may pose a lot of problems which may need you knock door of courts all time there is any violation of agreed terms.
Dear Client,
Her refusal for maintenance is not binding, she can claim it any time till not remarries or earns anyways, agree for divorce. I suppose child custody should rest with you, mother company for child not conducive.
Yes, but than you can file contempt agasint her.
Contempt.
Get it recorded in order, that child where about will always be inform to you and without your permission, she shall not be taken out of India.
For child custody, paramount importance is child welfare. On above ground, quite possibility to obtain custody orders.
1. Well, no order of court as regards the welfare of the child and the court vary the order from time to time keeping the welfare of the child in mind.
2. You can apply to the court to modify the terms.
3. You can file habeas corpus petition in high court or file contempt of court proceeding in the high court.
4. Yes, you are likely to get the custody of the child if the allegations are proved.
1. See she can contravien the order in case she do so you have to approach the court of law.
2. See for child custody you can always seek her address .
3. Yes you can try and get custody of child.
1. The court takes cognizance of the said land then the wife cannot go against the same .
2. You can file a contempt and otherwise approach the court and ask the court to pass a direction to the wife to follow the order .
3. You will have to submit it to the last known address .
4. Welfare of the child is of paramount importance while deciding the custody of the child and in light of the limited facts told by you I am of the opinion that you will get the custody
1. If you anticipate her to do this type of mischief then you may get a decree as per the agreed terms and conditions in the same child custody case so that she cannot violate the same for the fear of contempt of court action against her.
2. If it is drawn in the decree by court of law then in that circumstances a contempt of couirt action may be taken against her.
3. You can get all such circumstances cleared by reducing the details to writing and signed by her before court so that you can be safe about this.
4. Yes, they appear to be strong and grounds favoring you
Dear
1) Yes as per her medical history and past actions she can cause hurdles in implementation of parenting plan.
2) If she does not follow court order then you can file execution petition in court.
3) Yes this might happen that she disappear and break all communication with you.
4) You are going to get the child custody as per her past records and medical history. Your case is strong it's better to contest than compromise with your wife.
