(Guest)

Mutual consent petition

1. Is it compulsory to mention child visiting rights in mutual consent petition. Is it ok if it's not mentioned, as one parent will have the custody and parent IA not willing to give visiting rights sue to security concerns. But the other parent has mentioned visiting rights in the petition, is this mandatory?

2. Petitioner has not mentioned about the old DV case, Old Divorce case in the mutual consent petition, which are dismissed due to default by both district court and family courts.

3. Alimony is nil. Should this be mentioned in the petition. Party has nor mentioned it in the petition.

4. Old cases dv and divorce were filed in Chennai. Now petitioner wants mutual consent in chengalpattu family Court. Is it OK or should the mutual consent be submitted to same chennai court. As petitioner stays in chengalattu now.

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3 Replies

Dr. J C Vashista (Advocate ) 23 November 2024

It is always to make it clear in the judgment / order of mutual consent divorce qua visitation rights of the other spouse (who is not having custody)
Both the earlier cases do not exist as stated since these have been dissmissed in default for non-prosecution Or some other reason.
The judgment passed by the Court must mention in the order regarding no alimony demanded /paid.
As in question 2 herein above.

(Guest)

Thank you Sir. Post divorce can wife legally demand maintenance from her son once son attains majority and also if wife is unmarried or needs support.

T. Kalaiselvan, Advocate (Advocate) 23 November 2024

The visitation rights or the custody of the child should be mentioned in the mutual consent divorce petition if there's no separate MOU is entered between both the parties. It will help the parties to establish their rights over the child by a court decree to avoid post divorce litigation in this regard.

The alimony aspect also to be mentioned even if it is decided to not to claim/give it in future.

If Chengalpattu jurisdiction is permissible then there's no infirmity in it.