kalyani (abc) 24 July 2013

Custody issue

Dear LAwers,

i got married in Nov 2007 and out of wedlock i had a baby boy in Oct 2009 and post which things didnt go well and i filed 498A and DVC agansist my husband.After a battle for some time we decided to have Mutual Divorce and wrote Memorandum of understanding which clearly stated that i will withdraw the cases and give him divorce on mutual concern and he would return me my 7L money which he took from me and the custody of the son would be with me..he accepted this and both of us signed this MOA and got divorced on May 2012

Now when i checked the divorcee certificate has no line mentioned about custody in it.but i would require that in future.WHat do i do?

Pleaseee help

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2 Replies

ktkaran (maanger) 24 July 2013

Hi,

Its notemntioned,MOU is sufficient.u can remarry

PRAVEEN KUMAR BHATNAGER (LAWYER) 31 July 2013

Dear Kalyani,

There is no paper namely Memorandum of Understand, actually it is called 'Compromise'. First of all you should scrutinize the Compromise filed in the divorce petition and if you found that the issue of the custody of child is mentioned but it is not determined by the Court then you can move an application u/s 151 of C. P. C. before the Court to correct his order. If the issue of the custody of child is not mentioned in the compromise then you should seek your redress under the provisions of Guardian and Wards Act by filing a petition in the court of District Judge.

PRAVEEN KUMAR BHATNAGER

L-L. M., ADVOCATE

DISTRICT & SESSION COURT, FIROZABAD (U.P.)

M. No. 9412458767