• How I apply child custody after divorce?

My Wife and I filed a mutual Divorce on 13 b ON DATE 01/08/2016 next date 01/03/2107
I don’t want to give her to divorce because they had affair someone after this person come in my life our marriage life is destroy from last one year I try to patch up numbers of time in one year I inform her family they also try last one year .They keep in mind they want to live me. 
 Finally I inform my family we decided to file mutual divorce they agreed they condition is below.
•	They wanted divorce from me because of our difference of opinion.
•	She qualified doing job in teacher (5000) They wanted to live separately and take care all things of our two child 4 years girls & 2 year Boys 
•	They do not calm any alimony, or properties from me & any her family
•	 They are not giving me a permission to meet my two small Childs if I try to meet them they fill case agents me on Harassment.
Now my wife is living alone with child all our family member and their mom and brother cut the relation because of they had take a wrong decision.
 Now they have financially supported by their boy friend on background they also married and their wife ask for 50 lack to give divorce and half property.
On all issue I know they my wife will be in a big troubles but I don’t care of her I will thinks about  my Childs please guild us how I can give healthy and safe condition to child?

How I apply child custody after divorce?

My Question is I wanted my both child but due my family presser I sign the mutual divorce after six month court give us divorce.  I want start new my life but I want my both child what should I do Legally???
Asked 3 months ago in Family Law from bharu, Gujarat
Religion: Hindu
you should never have agreed for giving child custody in mutual divorce petition . 

2) if you have agreed to give child custody to wife you can only claim visitation rights 

3)you can with draw your consent for divorce by mutual consent 

4) in case you with draw your consent divorce petition would be dismissed 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
Hi
Tell your wife that you want the custody of your kids, if she wants divorce let her get divorce leave the kids to you.since your wife is demanding divorce, she might agree to leave the kids to your custody.so for the next date in the court that is on 01/03/2107 dont agree for the divorce. Before the date tell your lawyer that you want the custody of the kids and talk to your wife about it.

 you should have insisted the custody your kids when you realized that your wife was with another man.

Now you have  filed for  divorce and have not asked for custody of your kids, so if you don't object  the custody going to your wife the court will order the custody to your wife. so talk to your lawyer and make corrections in the consent terms , then only agree for the final order on 01/03/2107.
Your wife will agree to this if she really wants go away  with the other  man in picture.
Remember once the mutual consent is ordered , the custody will be specifically ordered to her in the final Decree and judgment, so then it will not be possible to change it.
so now you should  take steps to have the custody of your children, don't agree for mutual consent divorce on 01/03/2107 , unless she agrees to your demands. when you dont agree for the final consent on 01/03/2107 the court will have to dismiss the petition.

If your wife files a case of divorce and custody later on interdependently when the present mutual divorce get dismissed due to the custody reasons, you can have the defense as she is having an extra marital relationship which is adultery as per law .when a woman lives in the adulterous relationship she has no right of seeking  custody and maintenance.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Mother is the natural guardian of children up to their 5 years of age,

2. So, in normal course, your wife will get their custody,

3. However, welfare of the child is considered as of paramount importance while deciding about  his/her custody,

4.So, in your case, if she marries her BF or starts living together with him, you can file a child custody application seeking their custody on the ground of their welfare arguing that their welfare will be jeopardised since their mother has married someone else and they will be better taken care of by their father who has not  married.,

5. So, you can file the child custody case after availing MCD from the Court and waiting till she marries her BF or starts staying with him.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
If you signed MCD petition due to family pressure then you may specifically or impliedly withdraw your consent and then file a petition for child custody. Once MCD is granted the issue of child custody will be sealed by the decree passed by the court. You will not be able to apply for child custody after the decree of MCD is lassed
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
The condition if u file for custody of children she will file harsment itself is void. 
I request u to file a suit for custody of children in family court showing ur personal income personal property. And u could care ur children and gve them better future even after u have married with other girl and have choldrens from ur othwr wife
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0
You should enter into a MOU that the children shall live with you under your custody as a pre-condition to the divorce proceedings, or else you can withdraw the consent at the last moment and can seek child custody by filing a child custody case.

You dont agree to her condition that the children shall be with her parents, your children are to live with either of the parents. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1) you can with draw your consent for divorce by mutual consent as wife is not permitting you to visit your children 

2) in case wife files false DV case contact a local lawyer and file reply denying allegations made in complaint 

3) wife has no share in properties standing in your name 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1.  If she is not agreeing to your proposal to give the child to you then you can file a child custody case to retrieve your child from her possession.

2.  The evidences of her in a compromise position with her boy friend shall be a clinching evidence however you may not be able to get them hence try whatever evidences you can procure to prove her adulterous life.


3.  Let she file DV case you can challenge them in the court properly.

4.    She cannot claim a right in your property nor a share in it. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. As informed in my earlier post, mother will get the custody of child below 5 years of age unless faher can prove that his custody will be for the welfare of his child. So, for getting your childrens' custody, you shall have to prove that it will be for their welfare.

2. Evidence that she is staying with that person or is running a physical relationship with that man which is against the welfare of your children.

3. It appears that she has become desperate in her conduct. Try to audio/video record all such conversations with her.

4.Do not succumb to her presure in any way.

5. For the time being, you can file a petition praying for your child visitation right.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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