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Remedy Seeker (Manager)     04 April 2014

Debarring visitation rights after mutual divorce

Pls go thru the following points of the case:

1. We got mutual divorce in Jul 2013. Earlier application filed by wife on domestic violence basis which turned down n converted into mutual consent divorce after three rounds of consultation.

2. In the terms of divorce, I agreed to give visitation right of my child to his mother. One on child b,day n second in winter vacations.

3. while winter vacation of Dec 13 over, she didnt visited and instead of visited in Feb 14. The visit was unplanned and casual because she was visiting to Mumbai for some other work so she thought to visit to my son in Pune. I allowed her.

4. The next visit is due in may on my son's bday.


The above are the facts of the Mutual Divorce agreement.

The other facts are:

1. She left the home in Oct 11 whereas divorce happened in Jul 13. IN these 2.5 Yrs, she never tried to meet, call or made any attempt to meet our son. Even our son do not know her name even.

2. I am only upbringing him without any help.


Since I do not want my child to be confused or otherwise curios and to remove emotional hurdle for him to accept the new women (i have planned to remarry soon), I just want my son away from his biological mother.

When his mother left him alone, he was just 2.5 yrs n now he is going to attain 5 years. You can understand that in this stage, if he got to know about two mothers, he will surely be confused.

Though I tried to convince his biological mother that considering his full fledged upbringing, pls remain away from him and once I settled, do come to my home as my friend to meet him.

I very well know this is purely sentimental n emotional aspect of my case. But I just want to know what is the legal remedy available to me for debarring mothers visitation rights. The only purpose to raise my child without any mental or phychogical hiccups of a family disorder.



Learning

 6 Replies

Adv k . mahesh (advocate)     04 April 2014

may it is foolish to avoid biological mother from her son because no court in India will permit even after divorce she has every right to meet through court and one more thing if she keeps a a clause in her divorce petition that give custody of her child court may consider 

Adv. Chandrasekhar (Advocate)     04 April 2014

You want to backtrack from the agreed proposal at the time of MCD and legally not permissible till your ex-wife accepts such a proposal.

Remedy Seeker (Manager)     04 April 2014

In case if child denies to meet her? Can court debarr his biological mother to meet him forceably? 

I understand that visiting right can not be forceably exercised if child denied to meet her.

Pls guide

Adv k . mahesh (advocate)     04 April 2014

court will not consider such excuses 

Remedy Seeker (Manager)     04 April 2014

Even if child express his unpleasure in court, to meet her ?

Adv k . mahesh (advocate)     04 April 2014

it would take in very extreme cases and one of the partner has to stress about it and try and about your lawyer has to present the case properly for that particular reason


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