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Subhash   19 January 2018

How to claim visitation rights after mutual divorce

Hello .

I am Subhash residing in delhi. 

I was facing cases of DV act, 498a and 125 CrPC. Then my wifes lawyer approached me for mutual settlement. I agree and she took all her cases back and we got divorce decree based on mutual consent 2 months back.

In settlement deed it was mentioned that she will have the permanent custody and I will  not apply for custody and visitation rights in future, 

I was under  pressure of all those cases so i agreed. 

Now i want to file for visitation rights of my child.

Is it possible ? if yes on what ground ? ( Child is 8 year old )

Please guide.

 

 



Learning

 7 Replies


(Guest)

You can contact him for guidance over twitter. Hope he responds. His too same case. Mutual divorce, and now he has got visitation rights, ex wife also creates no problems.

@iHrithik

https://twitter.com/iHrithik?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor

TGK REDDI   20 January 2018

It's a Settlement Deed.     Your undertaking can't be deemed to be under threat.     You have no rights of visitation.    Ask for permission from the woman who was your wife.


(Guest)

Produce 10 kids. One each year. All should not fit in one autorickshaw. Give minimum fare to wife as pocket  money. Then she wont be able to take 10 kids along with her in autorickshaw

T. Kalaiselvan, Advocate (Advocate)     24 January 2018

You can file a petition seeking visitation rights even though you have agreed for full child custody to her.

Let the court decide about this because you are the biological father of the child and you can very well fight for your rights.

You can mention the circumstances under you were pressurised to give away all your rights with the child in the petition seeking the said relief.

 

Have a Heart Foundation (Sales & Mktng)     18 February 2018

what kind of father are you to give up on your child by being scared of DV, 498a,  etc... maybe you thought by signing up such consent terms you will get rid of maintenance... you already lost it on your fatherhood...  how can you expect court to give you justice...?? 

chances are deem...

1) file for specific withdrawal of consent terms in terms of visitation & custody clauses.

2)file petition for child custody under guardians & wards act along with interim access application.

3) also file Injunction application for stay so that your ex-wife does not relocate or give the child for adoption

Adv Radhika Mehta (Advocate)     19 February 2018

You can file for Modification of consent Terms and seek visitation rights of the child after elaborating the circumstances and situation under which you gave up visiation rights.  However, before the same, i would advise you to approach your ex-wife and speak to her for access. 

TGK REDDI   19 February 2018

The second advice in the above Reply of respected Radhika Mehta is, I think, better.


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