You are entitled to visitation rights for your son as per consent decree passed in divorce petition 

2) issue legal notice to wife to permit you visitation rights 

3) if she refuses take contempt of court proceedings against ex wives fe 

1. Even though there's nothing in the divorce decree regarding your visitation rights, the MOU gives an advantage to you as it mentions that you can meet your son once a month.

2.  Gatecrash to meet your son immediately and if there's any threat/non co-operation, etc., from your ex-wife, send a legal notice to her for not allowing you to meet your son once in a month and thereby violating the clauses agreed in the MOU, that too after remarriage. 

3.  File a case for permanent custody of your son with you only since your ex-wife has remarried and can't pay full attention to your son's daily chores, in the jurisdictional and competent Court.

You can file a case for child custody under guardians and wards act and in that file an application seeking visitation rights as an interim relief. 

The court will grant visitation rights.

The visitation rights is not a part of the judgment hence you cannot take any legal action on the basis of the MOU because the MOU is not enforceable in law/court.

As mentioned  earlier in the previous post, the grant of visitation rights  is not the part of the divorce judgment hence you cannot claim it as a right or an an order of court.

You can very well file a child custody case now seeking child custody as well as visitation rights 

The MOU is just an unregistered document hence it is not enforceable in court or law

You can make application to family for joint custody and visitation rights for child 

You are biological father 

you are entitled to visitation rights of your child 

The relationship between you and your son is the basis for your petition for child custody. 

You don't have to create any other reason to seek child custody. 

You file a child custody case and ask for visitation rights to visit your child periodically 

You have to apply for child custody in court to obtain visitation rights. No other option. Annexed MOU with application. 

- Since, the MOU having clause that you have visitation right , then she cannot deny on any ground 

- Hence, you can file a contempt petition before the same court from where the MCD order was passed on the ground of non-compliance of the direction and MOU.

- Further, under the Guardian and Ward Act, , the welfare of the child as the paramount importance, like ethical upbringing of the child, Safe-keeping of the child, Good education , and economic well-being of the guardian. 

- Further, as she has already re-married then you can even get permanent custody of the son on on ground of his welfare. Hence, you can file a petition for custody before the family Court.

Dear client,

I’m sorry to hear about your situation. Here are the steps you can take to seek visitation rights and potentially child custody:

Steps to Seek Visitation Rights

1. File a Petition for Visitation Rights:

• You can file a petition under the Guardian and Wards Act, 1890, in the Family Court. This petition should request the court to grant you visitation rights based on the best interests of the child.

• Submit the attested MOU that mentions your right to meet your son once a month. This document can support your claim for visitation rights.

• In your petition, explain the reasons why you have not been able to meet your son for the past two years. Highlight your efforts to contact your ex-wife and her refusal to allow visitation.

• Emphasize that maintaining a relationship with both parents is in the best interests of the child. Courts generally consider the child’s welfare and emotional well-being when deciding on visitation rights.

Basis for Child Custody and Visitation Rights

1. Child’s Welfare:

• The primary consideration for the court is the welfare of the child. Demonstrate that you can provide a stable and nurturing environment for your son.

• Highlight the importance of the child’s relationship with both parents. Courts recognize that a child benefits from having a bond with both the mother and the father.

• Mention that you have already paid a one-time settlement of ₹10 lakh for your son’s welfare. This shows your commitment to his financial stability.

• Refer to legal precedents where courts have granted visitation rights to non-custodial parents to ensure the child’s well-being.

Procedure for Filing the Petition

1. Consult a Lawyer:

• Engage a family lawyer who can help you draft the petition and represent you in court. They can guide you through the legal process and ensure that your rights are protected.

• Submit the petition along with the necessary documents, including the MOU, proof of payment of the one-time settlement, and any communication with your ex-wife regarding visitation.

• Attend the court hearings and present your case. The court may also consider the child’s preferences, depending on his age and maturity.

• If the court finds your petition valid, it will issue an order granting you visitation rights. The court may specify the time, manner, and place for visitations.

Potential Challenges

• Court’s Discretion:

• The court has the discretion to grant or deny visitation rights based on the best interests of the child. However, the fact that you have not met your son for two years should not automatically disqualify you from obtaining visitation rights if you can demonstrate your genuine interest and efforts.

Thank you. Should you require any further clarification, please do not hesitate to contact us.