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Praveen Kumar (Not working)     07 June 2011

Settlement Agreement on Divorce & Child Custody

A settlement has been arrived between me & wife as follows:

1) I give 7 lacs as FD for my daughter (15 months) which she gets on attain mahority. 2 lacs on 1st motion, 4.5 lacs on 2nd motion and 50k on her birthday in march 2012

2) The custody of child remains with the mother and I as father get visitation rights on 2nd & 4th sunday.

The agreement was done infront of judge in a short time and was not able to think very minutely.

I have no issues on the 1st point.

In future I would like to approach the court for shared parenting when my daughter turns 3 and she starts to go to school. This way even my daughter will get a chance to have attachment with me. she may not be attached to me that much if i just remain as a visitor. May be if i am successful in getting my daughter close to myself I will like to file for custody as i can give better education, upbringing to her.

CAN THIS SETTLEMENT OF CHILD'S CUSTODY WITH MOTHER BE A PROBLEM FOR ME AT A LATER STAGE. I ALSO HAVE APPREHENSIONS THAT SHE MAY CREATE PROBLEMS IN MY MEETINGS WITH DAUGHTER ONCE MONEY IS PAID.

It would be right to backoff now for some reasons (my mother is suffering from cancer) or it would be better to back off after 1st motion... in that case i loose 2 lacs. i dont mind paying under 125 CrPC whatever the court decides.



Learning

 1 Replies

Tajobsindia (Senior Partner )     08 June 2011

@ Author

I faintly recollect your other post at this time and probably I replied may be to some of them ! This besides the point you have matured I must say and have clarity coming to the situation you once hurried into in past!


1. Yes, the thinking is quite mature, under "change of circumstances" later you can approach Court for pmt. custody.


2. Yes if she creates hurdles in visitation you can always file Contempt of Court. However have solid evidences of contempt that is three ingredient sof contempt (civil) you shall prime facie convince a Judge at that stage.


3. It is your pure personal choice to continue with MCD settlement and or back off. However why not take chance and precede ahead and let nature takes its own course. Means if positivism there and parties entering into agreement with element of trust then things happen for good too. Otherwise recourse under various Laws are there na...


However given to understand briefs recollected from your other post club them with this old wine in new bottle post then "what better choice you currently have?"

 


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