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Lizny (admin officer)     25 June 2012

Post divorce

Sir,

I am a divorcee having a boy child of 6 years, my husband filed a divorce case and later we moved to mutualy consent divorce,and he gives all the rights and custody for my child only he wants visitation rights. After one year of divorce now he wants to get the child access at his house,which i cant allow , his brother staying with him is a mental patient was very voilent and this brothers wife also seperated from him and the case is for appeal at higcourt whereas legally proved that this borther is a mental patient. In such a case my huisband file a case for custody at home will the court granted. unless otherwise can i request the court with police protection.Also can i file for a fresh maintenance case for my child as in the situation that i also comprimised for Rs.1500/k,if he is going to file a custody case can i file for another mc. Pls advice i am tensed due to my child i cant leave him alone with such a family



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 June 2012

Dear Querist,

1. No orders or agreements or terms as regards the child are ever permanet, they can always be changed or modified as per the changing needs of the child - with the welfare of the child being of paramount consideration. however in facts of the case - mental problem of his brother - it is unlikely that he would get absolute custody rights.

2. Similarly maintenance orders are never permanent or static too, and are always capable of being changed or altered considering the inflation and consumer price index etc. File an application for alteration of maintenance. 

 

Feel free to talk !

Lizny (admin officer)     25 June 2012

sir,

That means court will never consider his mentally ill brother and they are not bothered about the child security

Rajeev Kumar (Lawyer/Advocate)     25 June 2012

The court will taken the fact that your husband's mentally disorder brother is living with him under one roof which is not in the welfare of child and in my view the got will not grant the custody of child under these circumstances to father.

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