Urgent Q: Is it legal in 'Mutual Consentual Divorce' that ..

@ Dear Grandparents


Let us split your questions into two parts;


1. From the briefs it emerges out that a party is taking MCD and the couple have a child (female) out of the wedlock and they want to enter into agreement to seek Decree out of MCD proceedings initiated by them. 


2. Grandparents of the child wants to secure the child future as well as are interested in custody of grandchild.


If above are two right way to split the asked ques. then my takes are as follows ;


1. You have to understand here that it is the couple who are entering into MCD and not grandparents and neither the child.


2. Yes, the affected spouse (here the lady) can forgo voluntarily her "compensation" while entering into MCD


3. Yes, the current custodial spouse (seems the lady here) can forgo voluntarily child's  "maintenance" while entering into MCD 


In nut shell what emerges form above is that joint petitioners to MCD can put paras stating the custodial parent is forgoing her "compensation" as well as forgoing the claims for child maint. to seek MCD decree. 


4.  There is no Law which says that one can and one can't say these on behalf of the child. Here the "wise parent" that is Court secures the interest of the child by asking off the records one of the spouse "what about upkeep of child" in the MCD Agreement. If both spouse says they are forgoing such interests then Court can't do anything other than trying to make sense to both spouse by way of hint for future or even may hint to advocates of the couple to see if something could be stated for child but all these are not part of the Law but more human approach.


5. No, grandparents can't stop MCD proceedings as they are never made party to such proceedings other than having "witness" signing as witness) statement relevance which if you object then couples may bring in third party as witness.


6. Yes, Family Court Act has section specific to inheritance passed on from grandparents to grandchildren so what you can do is to request the spouse to include your voluntary passing of property at attaining certain age of child in the MCD Agreement that is all you may request and it may not be binding to these spouse.


7. A child (female) is bound to be "maintained" by her natural guardian that is father till she is 18 years + till she gets married off + till she gets a job. So Law is there.


Now, above is position of law which grandparents are worried about thinking of it. I will say take both spouse with their respective advocates into confidence and have a neutral talk on


a. Voluntary maint. giving to child by way of opening a under Guardianship Saving Bank Account with cheque book holding by mother and natural guardian depositing regularly maint. covering her education expenses. + food expenses + medical expenses + extra curricular activities expenses + dress expenses each month. In this solution the father remains connected with child via maintenance and will have peace of mind.


b. Voluntary offer a high value Cash Less Medical Insurance Policy in the name of child and pay the premium regularly with automatic ECB annual renewals. Send by post the Policy Cover + ID Card to mother's address. This way the natural guardian is connected with child on medical grounds too.


c. Purchase a high value Marriage -cum- Education LIC Policy in the name of the child. Pay regular premium. Post the Bond papers to the mother and nomination benefit to mother instead of natural guardian.


d. Right now child is too tiny to trout to prep. school so offer in the Agreement complete education expenses of child till she wants to study and whichever school the mother wants she can seek such admission and natural guardian will meet quarterly school expenses and for higher studies the same but all these directly to the school by his men and agent. Here the natural guardian will have knowledge of schooling of child and indirectly the mother will also feel that the father is not interrupting the child by visiting her school so complete safe option.


e. Last but not the least take is to offer voluntary FD in the name of child with maturity benefit ECB transfer to above stated Saving Account upon maturity. Here the father has taken care of un-eventful eventualitywhich may / which may not occurring in day-to-day life of child with her mother plus protecting early withdrawal of FD also.


5. You as grandparents needs to see following issues of a child who may start her steps in the shade of her mother via parents MCD Decree:-


Shelter of child - this is not immediate concern as mother is taking care of
Food (special diet for a growing up child) - The saving bank account with monthly deposit is taking care of it.
Education (till child wants to study) - The genuine inclusion of direct payment of fees to choice of school / college / boarding pad / overseas higher education etc. in the Agreement and meeting such payment by father is taking care of education needs of a child.
Medical - Cash less Mediclaim Policy of high value is taking care of such medical emergencies of a child.
Marriage (she is a girl child) - LIC Policy of high value is going to take care of it.


Now thinking should be in terms of 15 - 20 - 25 years terms and see if you feel something else is missing out of above long takes ?


Only thing which is missing is bond of father and grandparents of child with child / grandchild !!!  Which legally is called "visitation" and in rich dad's languagge is called "return of investment" .


For that if "ego" and or "some miss - understanding" between rich husband and lady is given up then it can also be managed by voluntary offer coming from mother to give up once or twice a month child for meeting with her father and grandparents.


What I also see and I should not comment but I will still comment is that the main worry of yours is that you being elders in the family probably have not been consulted in such MCD agreements of “children” and you are emotionally attached to your granddaughter......so make a will and register it and give it voluntarily to granddaughter via the MCD agreement addition of paras to that effect, it is natural but see if some or all of the above takes could be reasoned out nicely / softly to bahu of the family then future of grandchild which emerges as main worry from your brief is well protected I suppose!


I don’t want to spoil by saying that grandparents can also file for custody of granddaughter in Guardianship court but your  briefs talks more about you being agitated about  “children” hurried deal in MCD so kya karey kaji jab miya biwi razi wali baat hai sahib yaha !


You need a good negotiator with humane heart in such situation to break the impasse between son and daughter-in-law sir ji more than points of Law to begin with.


All the best.