Can any party seek modification of the decree on the basis

Querist : Anonymous (Querist) 02 September 2018 This query is : Resolved
Can any party seeking modification of the decree on the basis of the settled terms(old allegations recreated)

Our divorce was settled way back in 2010 by converting her divorce petition into divorce by mutual consent

She has once again entered the family court seeking modification and prayer for permanent custody of children's

She has come to the court with 50 old allegations that were during matrimonial cohabitation and 12 fresh allegations of access
30 allegations repeated are pertaining to child issues during matrimonial cohabitation
20 allegations repeated are pertaining to issues of husband and wife during matrimonial cohabitation
12 new set of allegations pertaining to issues after mutual consent divorce

My question to the learned faculty is, can the 50 allegations recreated in the modiification petition is allowed?

If not allowed can I file an application to strike of the allegations and under which section

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Vijay Raj Mahajan (Expert) 02 September 2018
Change of order for child custody is open anytime even if, an agreement reached between parties at the time of settlement for divorce by mutual consent.
The fresh circumstances and facts can be brought about by either parent for revision of the previous order for child custody and visitation.
To bring in old issues along with the new ones relating to the child custody is open but Family Court shall only decide the issue of child custody and visitation on the basis of cardinal principal namely, welfare of the child while deciding which parent should have physical custody of child and for how much time-frame while the other parent giving right to visit and keep the child for how much time.
The Family Court had power to decide this issue and revise its previous order anytime till the child attain the age of majority to decide itself where to live and with which parent.

Kumar Doab (Expert) 02 September 2018
By the wisdom of court or if the need is felt court may ask the child as well.
Welfare of child is of paramount importance before court of law.

Kumar Doab (Expert) 02 September 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.

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