Custody of the child
Moot proposition need help!!!!
geeta was married to varun in 2000 at mysore and had a married life for more than 13 years. a female child was born to them named tanya on 7.12.2006. whenthe child was about 2 yrs old, geeta took a job in toyrs and travelling company. their marriage broke down in 2013 when the wife left her matrimonial home and sent a notice through her lawyer that she was unwilling to live with her husband. on a joint petition,filed by the parties in the family court for dissolution of marriage by mutual consent, a decree for divorce was passed on 17.4.2014.
the separated parents in accordance to the consent decree agreed to their joint appointmnet as joint guardians with periodic custody of the child.they also agreed to keep the child alternatively in every week. as per mutual agreement the wife took the child for a week in 2014.
she soon got married to Mr. Rajesh, a famous and well reputed sportsperson of national and international standing, on 1 july 2015 and went out of abroad with her husband leaving the child under the custody of varun(former husband). on return from abroad , she filed an application in the family court on 12.8.2015 for alteration or modification of the terms of consent decree of divorce seeking exclusive custody of the child. her new lifestyle required a lot of overseas travel and she did not want to leave her daughter behind with varun as there was no female realtive in the house. however, married sister of varun lives nearby and visits often. during pendency of the matter, geeta took the child on tours with second husabnd.
a counter application is filed by varun for exclusive custody of the child on the grounds that he being the natural guardian and having remained unmarried with the sole aim to bring up the child in a congenial atmosphere was better suited to be entrusted with custody. according to him the remarriage of the wife is detrimental to the welfare of the child. moreover,it is the case of varun that he is a stock broker and usually operates from home and ahs acquired enough movable and immovable property.
argue on behalf of geeta.
need to know as to whether there is any specific format to be followed for application for alteration or modification of consent decree??