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Mutual consent divorce

(Querist) 12 March 2012 This query is : Resolved 
Dear Sir,

My wife had filed Dva on me & my in-laws, I had filled RCR & V.R for my 3 yr old male child. Meanwhile When the time of arguments they asked for mutual divorce then our lawyer also pressured us for that. But before accepting I asked for visitation right, for that their reply is not proper. For nearly 10 months they didn't show my son to me. Suddenly their lawyer told the judge to "notpress" the DVA as they are going for MCD. But from the beginning itself I am not interested in Divorce. Now what I told my lawyer is Just tell them to give an exparte order to my V.R, which I filled thru RCR. In MCD she didn't ask any maintenance or settlement. But to see my son I have no choice. We also have strong evidence in DVA that "this case is filled just to take revenge on us" it was recorded when her father speaks.

1. What is best way to get visitation rights? Before MCD or after.

2. My lawyer tells me that first file MCD the after it gets number you file a I.A petition with that to get V.R..




ajay sethi (Expert) 12 March 2012
mutual consent for divorce consent terms should provide for visitation rights.
Shonee Kapoor (Expert) 12 March 2012
Be careful of getting Visitation Rights mentioned in the MCD petition itself.

Enforcing the same latter is also a challange.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF (Expert) 13 March 2012
consent term should be clear about VR.
OTHERWISE DO NOT GO FOR MCD
Deepak Nair (Expert) 13 March 2012
Yes. Don't go for MCD without visiting rights.


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