Divorce & child custody
Amit
(Querist) 28 July 2018
This query is : Resolved
Dear All,
My Case Details are as below -
1) Me & Wife are married for Past 10 Years as per Hindu marriage and are having 8 yrs old male Child
2) From starting onward there were some differences, disputes which kept rising with time span & moreover my wife is also diagnosed with Bipolar disorder for which i got her treated also but she was not willing to take medication so we have to quit treatment
3) she always forced me to live separate from my Parents which was not possible for me being only son but i made a suitable arrangement that we started living on upper portion & my parents live at ground floor of same house but even then she was not Ok with it & always abusing me & my parents and always insisted to live at her Parents home along with our minor child & asked for Financial Support for this which i refused as i always wanted to live with her & my child
4) During our living together she many time took away our child to her Parents home but returned back after intervention of Elders of both Sides but every time it was very much traumatic for me to ask Family members to help me reconcile & make her understand her matrimonial duties
5) Last year in January again in fit of anger she left my home alone leaving behind our son by Quarreling a lot & abusing me in front of Colony members & went to her Parents home while after few days i again tried to reconcile but she was not willing to come back
6) In March last year she filed domestic violence complaint in CAW Cell followed by maintenance case & Child Custody case whereas i filed Divorce & now after one year she got interim maintenance of 10K & visitation rights to child twice in a month till custody case is decided
Now after one year of Bitter Fights in Court she again wants to come back but off course still on her terms only that i have to arrange separate accommodation for her but i still doubt her intentions as it can be a trap also to take away Child Custody & involve me in multiple criminal cases..I just want to understand if any such compromise happens in future how i can legally safeguard myself & my Family from any future complications...else how i should try to settle this matter as litigation in court is leading us no where but yes living again with her is not an easy task too and my main contention is to retain my child custody rather than divorce...Plz need some serious help upon this.
Vijay Raj Mahajan
(Expert) 28 July 2018
Best solution is through Mediation and Conciliatory process workout for divorce by mutual consent, settlement of all disputes, paying lump sum amount as permanent alimony and maintenance for wife and monthly maintenance for minor child.
Amit
(Querist) 28 July 2018
Vijay Ji, Thanks for your reply but in my Case I am already having Child custody with me & my wife has filed for Custody Case as she is also more interested in keeping Child with her but I don't want to give my child to get divorce
Amit
(Querist) 28 July 2018
Vijay Ji, Thanks for your reply but in my Case I am already having Child custody with me & my wife has filed for Custody Case as she is also more interested in keeping Child with her but I don't want to give my child to get divorce
Amit
(Querist) 28 July 2018
Vijay Ji, Thanks for your reply but in my Case I am already having Child custody with me & my wife has filed for Custody Case as she is also more interested in keeping Child with her but I don't want to give my child to get divorce
Amit
(Querist) 28 July 2018
Vijay Ji, Thanks for your reply but in my Case I am already having Child custody with me & my wife has filed for Custody Case as she is also more interested in keeping Child with her but I don't want to give my child to get divorce
Vijay Raj Mahajan
(Expert) 28 July 2018
You keep child in your custody and allow her regular visitation, along with permanent alimony and maintenance for her in lump sum, let divorce be proposed on these terms.
Guest
(Expert) 28 July 2018
Already replied to your query in other thread..
Amit
(Querist) 28 July 2018
Vijay Ji, I am perfectly OK with this if she agree but problem is she want me to give up custody or reconcile with her again..how I can make her agree for MCD on my terms
Amit
(Querist) 28 July 2018
Vijay Ji, I am perfectly OK with this if she agree but problem is she want me to give up custody or reconcile with her again..how I can make her agree for MCD on my terms
Amit
(Querist) 29 July 2018
Kamakshi Ji, you are absolutely right & this situation is due to Child involved in this dispute as both of us are not ready to leave his/her right..if in case some reconciliation happen how I can safeguard myself legally for any Problem in future
Dr J C Vashista
(Expert) 30 July 2018
1. What is the opinion and advise of your lawyer contesting your case(s)?
2. Have you again roped in the elders who have arranged reconciliation and helped you in bringing your wife to your house?
3. Matrimonial conciliation shall work out your differences on either side, i.e., either rejoining at your terms or parting ways at the terms which are mutually agreed by both of you.
4. You have the right of custody of your son, which you are enjoying. However, if desired she may retain her visitation rights, if both of you are adamant for custody, move to guardianship court through your lawyer.
Amit
(Querist) 30 July 2018
Vashista Ji,
1) My Lawyer Opinion is we will be able to retain Child Custody as my Prime focus is that only but however I know its going to be a tough battle
2) No Elders or Relative are ready to mediate as matter is in Court now so everyone is trying to avoid getting involved
3) Court mediation have not happened yet however I am thinking to request court for same but don't know how much it can be fruitful
4) Offcorse Custody case is already in Proceedings
