Parijat Mukhopadhyay (Executive) 07 April 2016

Child access and divorce

Dear Learned Lawers,

I am going thru a complex situation in life and need your valuable advice to resolve it.

5Years back my wife left her matrimonial home with my son of age 1year.

All my efforts to convince her for a amicable family life went in vain,only left me humiliated and frusteted.

Myself filed a Restitution of Conjugal Rights case 4 years back,where in reconciliation round in front of honorable court she louded for a denial in settlement and wanted separation.

My advocate and her side convinced me to withdraw the RCR case and go for a MCD,one and half years back(2014 middle).I used to pay a monthly maintenance of Rs 4000-5000/ all thrugh out.

I did the MCD ,with a partial payment as agreed.but with time I found that access to child is not upto my expectation,and my ex is claimimg money for her.child maintenance is yet to play a role after finishing up of the MCD case.

I claimed a revision in the petition,as no final decree was came in by that time.but they are not supporting my plea.final date is knocking the door or the case will be dismissed.

I want a natural parentship/relation with my SON now 6 years of age.ready to pay time and money for his well being.But getting a resistance and cruel returns in all scors of my activity.

Myself is not at all moraly convinced to pay money to my ex wife(yet to be legally).she is also working in an pvt organisation(I dont know exact details of her role and pay packs).

Now the situaltion is on the verge of dismisal of the MCD and she is threatning me for a maintenance claim as well as denial from weekly one hour visitation with my son.

What should I do? In terms to get better access with son and avoiding maintenance claim of her.Also pls suggest if I can go for a contested Divorce hence forth nullification of the MCD.

Pls advise.

Regards.

Kunal

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2 Replies

Vijay Raj Mahajan (Advocate) 07 April 2016

In MCD the second motion can always be delayed up to 18 months from the date the first motion was done, so if the second motion is due as after 6 months period ask for further extension of time to think in over about the continuation of MCD.

Secondly ask for revision of terms of agreement for MCD where you ask more visitations for child, limitation/end of maintenance for wife as she is earning and maintenance for minor child only.

The wife can always seek maintenance under section 125 Cr.P.C. for the minor child as well for herself if she doesn't have sufficient means to maintain herself that will be decided on the basis of income /financial status of both parties. The minor child is responsibility of both parents and they both need to provide for it, so neither of you can avoid that financial responsibility for the minor child.

If your wife refuses for extension of visitation of child for you, ask for the complete custody of the child under section 25 of the Guardians and Wards Act. Let the wife defend that petition and let the Family Court decide where lies the best welfare for minor child with you or her.

Mukesh sharma (job ) 08 April 2016

hi sir as you mentioned in youe case you say your ex wife also on job and get salary and along with she get allomoney from you thts all you need to prove in court you written a mail to company CEO provide her salary slip and other details you need in your case if they did not provide than you give application in court to give order to company provide salary slip and other details for need

but you need to give MCD to your child and along with you file case for child custody