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swarnendu ghosh (private practitioner)     05 June 2011

chil;d custody agreement b2in husband and wife

hello everybody, experts opinion is needed in the below mentiond problem:

Husband and wife filed divorce petition under hindu marriage act, though the husband is more interested to stay together but the wife is in relation with somebody else and wants to remarry. The spouse has a 10 yr old girl child, now residing with the mother. The father wants to meet his daughter weekly till the disposal of the case .  The mother has no problem except that the father may brainwash the child (mother  fears that the father  may create disturbances of any type). so in this context,

i) can any agreement be construed between the parties regarding the child of meeting with the father weekly at certain place nd certain time reluctant to both till the disposal of the divorce case? if so , kindly forward me a copy of such agreement to-    jai_dude2000@yahoo.com

ii)what will b the custody of the child or what relief should the mother pray for the child from the court on the day of judgement ?



Learning

 1 Replies

Tajobsindia (Senior Partner )     05 June 2011

@ Author

1.
Kindly do not say that mother has no problem, she has problems read as apprehension which is natural as mothers loves not to part company of child during litigation is quite generic which we say every day in Courts.


2.
Now if both of you have feeling to overcome first hurdle and she has no issues to allowing to such meetings then file S. 26 HMA R/w S. 151 CPC suit with following prayers for interim visitation to father and his sides of family members (list them and their relationships status to your child in a tabular format). However do not make 100 pages list and include all and sundry relatives in that list.........


Some of the safe Prayers which you need to press are;


i.
Allow every weekend between
4 PM till 7 PM meaningful visitation for child with her natural guardian / father. Mother is encouraged to handover child at visitation venue to father and take back the child at closing hours form father in safe conditions.
ii. Father is allowed to give packed eatables during visitation with genuine Bills of such purchase xerox copy given to mother for approval.
iii. Father is allowed to take pics. of child and her company with father and his sides during such visitations. Father is allowed to give gifts as per child liking during such visitations.  
iv. Visitation place may be a neutral public place (list those probable places as per geographic mid way of both adults to the suit remember it should not exceed 7 kms. of ordinary child residence)
v. In case mother is not able to bring child on visitation date due to any reasons then on coming Sunday the same timing shall be maintained by mother.
vi. In case father and his side are not able to come for visitation on visitation date then he forfeits that days visitation.
vii. Parties are asked to inform each other preferably 24 Hrs. before visitation date if they are not able to come for visitation. Such information could be by SMS and or by Email among each other.
viii. Parties are not allowed to make deferments of visitation for more than two successive occasions.
ix. Mother may keep visual distance but not hearing distance during such visitations.
x. Parties are encouraged to exchange their cell nos. and email ID's which as per material records are..........
xi. Father may pay Rs....../- towards conveyance charge to mother to facilitate such visitation arrangements.
xii. Parties may approach this court after 6 months with progress of visitation thus achieved for any change in circumstances.

On the request of parties a Dasti copy is given to parties under CM's stamp and signature.


3. If you pray more or less in above way think what objection she and her side may come up with? 


However don't misuse and get over protective during such visitations. The centric point here is going to be child welfare and her best interest during such visitations. Also the idea is first to break the impasse / ice of mothers non-cordial relations with you and  make child centric to visitations comfortable and child's understanding of love and affection of father and his sides as get to know father and his side of people first.


Post 6 months by showcausing good progress you may approach concerned Court again under change of circumstances to include PTM and overnight access once in a month and who knows with such midway co-operation the entire suit may turn into MCD between you two due to a child!
J


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