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Author Topic: Please help on Mutual Divorce and child custody  (Read 1020 times)

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Offline babitha

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Please help on Mutual Divorce and child custody
« on: March 27, 2016, 02:33:25 AM »
Hii,
      I was made to sign a mutual divorce petition by my husband just after 1 month of leaving home, telling me that he will rethink after the initial petition and otherwise he will take me to supreme court. Reasons- I didn't  had good terms with his mother and friends.And in the petition only custody of 9yr old boy was given to me, nothing else like child support was mentioned. I too was unable to think that time, just obeyed him. Now that 6 months is approaching, I am still not agreed to this finality , I need some advice. If I want to withdraw consent, Can I say that on final hearing or before it? If some changes need to be made in the petition, can it be done in the existing petition and will  there be another waiting period? Or do we have to withdraw current petition and give again?
In that case will there be a waiting period? ( I want to have another 6 months waiting period to think about it)
And the father is refusing to pay money as child support, he will register some 5 cents in childs name only, But I prefer money to meet the childs expenses. I am also working.And what all clauses to be included in the petition about child custody like the custody will not change even in case of remarriage of mother, Child visitation by permission of mother only, permission for visa of child in case mother and child relocates to another country.
I have some audio recordings of him threatening me, admitting that he is taking alcohol and psychiatric medications, Do I need to present that in Court in case if he is fighting against me?
                                                                                       Thanks in advance

Offline rajgopal sripathi

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Re: Please help on Mutual Divorce and child custody
« Reply #1 on: March 27, 2016, 05:32:56 AM »
Hi
You can always withdraw the mutual consent by filing a petition in the court and seek about 6 months more time to think of the divorce.
Also you can by then decide on maintenance for you, your child and also permanent alimony.

Also the child will be eligible to claim a share of his father and his ancestor properties.

You can also ask the court to grant you child custody till the time the child becomes a major.
you can also seek restraint of visitation rights of the father with supervision by an elderly family member.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline advgaurav.sharma

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Re: Please help on Mutual Divorce and child custody
« Reply #2 on: March 27, 2016, 08:28:00 AM »
on the second motion in court you can tell the judge that you seek some more time as you want some changes in the petition to be made.

Judge will give an extended date.
Advocate Gaurav is a specialist in Trademark laws

Offline adv.amarnath

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Re: Please help on Mutual Divorce and child custody
« Reply #3 on: March 27, 2016, 08:38:33 PM »
First time I have heard of a word 'Permanent Alimony' for a child. Several judgments are prevailing that on mutual consent divorce both parties cannot agree the custody of child as well as permanent alimony. All are requested to go through Guardian and Wards act. Wife maintenance can be waived if it has been  written that wife do not claim for maintenance but this lines cannot binds a minor. The minor can claim his father's property as well as maintenance from his father by filing a petition for maintenance through his mother. On the other hand, husband/father also retake back the custody of minor even it is being written that custody of minor will be with mother filing a case. Because Paramount consideration is being taken by judicial body for the welfare of minor. By judicial order no minor should deprive his rights nor being suffered.

If you like my post then please click on applaud just left hand side of this post
Regards,

Amarnath Sanyal
Advocate
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Offline babitha

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Re: Please help on Mutual Divorce and child custody
« Reply #4 on: March 27, 2016, 11:20:12 PM »
Thanks a lot for your advice..I will file a petition that I need the changes and some time to think about it. I wanted to have the counseling also, but initially he told me not to say a word to the counselor , Also we are both working abroad, but I am planning to come back to my home. I am not planning for alimony for myself , and I doubt that court will give me anyway since we both have equal salaries. Can u tell me in what conditions he can retake the child custody ?( In any case I will take good care of my child) Especially if I remarry can he apply for child custody? In that case can I present the audio recordings and show them that he is an unsafe father ? I don't have any proof of his prescription of psychiatric medications as its done in secret. Regarding his property, he cleverly registered  his house in his mothers name without me knowing few years back.. And I don't want to fight also. I am worried mainly about child custody and child support till child finishes his education.

Offline adv.amarnath

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Re: Please help on Mutual Divorce and child custody
« Reply #5 on: March 28, 2016, 08:25:05 AM »
If you have been caring your child at his possible for his welfare then there will no issue but still your husband can file such petition on some dolt's advice. There are several remedies to avoid such type of case. It is not possible for me to disclose my tactics and procedure in this open forum for my professional reasons and secrets.

You can contact me for further clarification and consultation in details in this aspect. I will definitely guide you in a proper manner.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline babitha

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Re: Please help on Mutual Divorce and child custody
« Reply #6 on: May 10, 2016, 11:27:08 PM »
Please help for more query.. If the father wants to mention child visitation in the petition , Is it compulsory to mention the monthly maintenance for the child?
                                                                                            Thanks

Offline advjaibansal

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Re: Please help on Mutual Divorce and child custody
« Reply #7 on: May 10, 2016, 11:38:25 PM »
Dear Babitha,

You can mention about the child visitation rights on the MCD or remove it. The terms and conditions depends not he parties, court in MCD never decides on any of the issues. You may also not mention about the monthly maintenance or mention about one time settlement amount. The concept in MCD is that you decide all the issues, terms and conditions before fling the divorce petition on the grounds of MCD. Incorporate all the grounds in the said petition and approach the court that you want to take divorce on these terms and conditions.

If wife accepts one time settlement amount from the husband, which also includes the child maintenance, tomorrow wife cannot wake up and file a petition and ask the court for grant of maintenance for the child as she never settled for child maintenance or she had not right to settle for the child maintenance.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline babitha

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Re: Please help on Mutual Divorce and child custody
« Reply #8 on: May 11, 2016, 12:47:12 AM »
Thanks Sir,
                     If I cannot agree with the new conditions and want to withdraw the petition, Will there be a problem?

Offline advjaibansal

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Re: Please help on Mutual Divorce and child custody
« Reply #9 on: May 11, 2016, 01:02:17 AM »
Dear Ma'am,

You have to agree and decide before singing the petition. Hence question of dis-agreement may not arise once you sign the Petition. Please do not accept the consideration amount and then refuse to appear for the court appearance. If you accept the consideration amount then refuse this may create problem.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline babitha

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Re: Please help on Mutual Divorce and child custody
« Reply #10 on: May 11, 2016, 01:39:10 AM »
Thanks sir, What if in the initial petition it is mentioned that everything is settled, No mention of amount/settlements?

Offline advjaibansal

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Re: Please help on Mutual Divorce and child custody
« Reply #11 on: May 11, 2016, 07:00:23 AM »
Dear Ma'am,

Its up to you, what you want to write and don't want to write. If there is nothing written and the settlement is out of court in terms of amount and other aspects. If you, who is going to decide.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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