Legal Question in Family Law in India
Hello Experts
.... My 2nd Motion Of MCD is on Aug. In The Petition Both Partys Have Drafted an Came To An Agreement That The Sole Custody Of My Minor Son Will Be With The Father( ME). Without Any Visitation Rights To The Mother ( This Is How Its Mentioned ) .. I Hope As Per Our Terms an Agreement The Judge Will Be Satisfied To Pass The MCD..
My Question is === After Judge Passing The MCD Will It Be ( Clearly Mentioned) The Sole Custody Of Minor Son Will Be With The Father( ME) Without Any Visitation Rights To The Mother ?,,, In Final Order Paper Where We Get The Copy In That.... Or Should I Make An Application of u.s -26 H.M Act , For The Sole Custody Of My Minor Son...While My Petition Is Being Heard In Court..
I Just Want To Know Will The Details Of Child Custody Staying Will Be Mentioned In The Final Copy After Passing The MCD 13B ... Im Confussed
Or Just My MCD Copy What I Get Is Legal ? ( To Say The Sole Custody Belongs To The Father ) Pls Answer.
Will Judge Have The Rights To Change The Child Custody Orders In MCD When Both The Partys Have Decided That Child Stays With The Father.
2 Answers from Attorneys
sir in this case regarding custody of child even if it is mentioned in the divorce Petition that she will not have visiting rights and the sole custody of child will be with the father it does not give a clear view, it is better to file a application under section 26 H.M act and in that application state that as looking to the welfare of the child and future it be ordered to give the exclusive custody of child to father and also mention the reasons why the mother be denied to give the visiting rights and further it is better to see that the court passes an order stating that looking to the welfare of the minor the custody is given to the father and also there is consent from the mother for the same.
The custody orders can be changed with change in situation. The court may grant visitation rights or even custody to the mother at a later stage.
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