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I would like to know if I can make a agreement as she married me to come to the UK if the child is born in India and I want to take child abroad but if I get her to sign a agreement that I will only take her abroad if she signs that if any arguments or she divorces me that I get the child. As she is giving me trouble and when she comes abroad might use me to get child maintenance and leave is this possible and valid if she signs in India before any of them come abroad. If she signs this can she still take the child in India somewhere else and also if she comes to the UK can she still take the child and have her rights or will this agreement give me total right over the child. Can this be done
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

No agreement of such type has any legal enforceability in India.

In other words the legal right of oa maintenance and custody of the child for a parent can an not be relinquished by way of any agreement.

Marriage survives on mutual trust and faith and if you make so much of permutation and combination even before you take your wife with you then even if such agreement was valid then also this marriage would not have worked.

This is a not job or service where you would plan the actions of your employee before hand. 

She is your better half and hence either trust you like a spouse or get away f this marriage amicably.

 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1) you would not be able to enforce agreement that you would get sole custody of your child if she has arguments with you 

 

2) she can claim maintenance for herself and child 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7527 Consultations

5.0 on 5.0

Please note that any such agreement which is restricting the liberty of any person is right ab initio so any such agreement which you are intending to is not valid increase you want to bring your wife to UK that should be a natural process afeem Migration and any such agreement cannot be enforced during the relationship of marriage arguments cannot be restricted and the Liberty cannot be confined so far as the adultery is concerned your brother may take  divorce on this ground

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. An agreement of the nature conceived by you will be opposed to public policy and thus unenforceable at law.

2. The agreement will be not binding on her and she will be at liberty to take the child anywhere. Indian law does not recognise agreement in restraint of legal remedies and those which are opposed to public policy.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Nothing stops your brother from filing a petition for dissolution of marriage on the ground of cruelty but an agreement in restraint of legal rights will be unenforceable.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

No such agreement would be valid and enforceable. She could claim that it was signed by her by using threats and coercion.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

He can apply for divorce only after 1 year of marriage. She would obviously not gove him divorce. It is upto him to collext evidence.hire a private detective who will find out about the affair. File a divorce petition on grounds of cruelty and infidelity.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If marriage is less than a year than your brother can go for annulment of marriage instead of divorce.

If she wants to come to UK than get signed MOU as per your terms and conditions and get registered it.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

See you can make an agreement as such no such agreement is legally enforceable , even after signing such agreement she can take child away or file a petition for the child custody.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

He can file divorce on ground of mental cruelty and adultery since it had been only six month of marriage the permission for filing divorce need to be obtained from the court.


He can file divorce on ground of mental cruelty and adultery since it had been only six month of marriage the permission for filing divorce need to be obtained from the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. No, such agreement will not be considered as legally valid in India.

 

2. When she is your wife, she is entitled to stay where you are staying as per law for which she is not required to  sign any agreement.

 

3. Similarly custody of child will depend on the welfare of the said child as decided by the Court and it  can not be decided with a pre-executed agreement.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Application for decree of divorce is sought based on grounds accepted by Indian Law like cruelty.

 

2. Your brother shall have to collect evidence of her cruel acts by audio/video recording the conversations.

 

3. Thereafter, he shall have to file a divorce suit on the ground of cruelty after completion of one year of marriage, submitting evidence in support of his allegation. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. No any agreement done like that for marriage will not be applicable as prenuptial agreements are null and void as per Contract laws.

2. And you cannot force a mother to stay away from child or child away from her mother in any case unless she is unable to take care of her child. 

3. Yes your brother should file divorce on ground of mental cruelty and adultery by wife. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

such type of agreement have no legal enforceability. she can file custody of child as biological mother. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

All such agreements with more conditions as per your wish and desire can be drafted and even she can agree and sign the agreement accepting the conditions.

However no such agreement is enforceable in law  especially as per Indian laws.

If this agreement is by a registered document then it can be enforced but the problem is such agreements are void in the eyes of  law hence it cannot be registered.

If she is there in UK and if the local permits yor to enter into such an agreement and it is enforceable as per that country's law, then yo can get an agreement drafted by an attorney of that country as per the legal terms prevailing in that place, however make sure that she do not violate those conditions and flies back to India because they cannot be enforced in India once she is back in India.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

For the marriage solemnised in India, he may have to wait for completion of one year from the date of marriage to file a contested divorce on the grounds of mental cruelty.

In the meantime let him stop giving her any money despite she putting pressure on him, let him gather evidence about her extra marital affairs or the acts of adultery.

With the clinching evidence about her immoral character, adulterous life and her intention to settle abroad in the disguise of marriage, he can silently file a divorce case in his home town when the time ripens and he should maintain strict silence about his proposed actions on this till then.

 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

such an agreement will legally not stand in India. 

 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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