Legal Question in Family Law in India

Hii,

I was made to sign a mutual divorce petition by my husband just after 1 month of leaving home, telling me that he will rethink after the initial petition and otherwise he will take me to supreme court. Reasons- I didn't had good terms with his mother and friends.And in the petition only custody of 9yr old boy was given to me, nothing else like child support was mentioned. I too was unable to think that time, just obeyed him. Now that 6 months is approaching, I am still not agreed to this finality , I need some advice. If I want to withdraw consent, Can I say that on final hearing or before it? If some changes need to be made in the petition, can it be done in the existing petition and will there be another waiting period? Or do we have to withdraw current petition and give again?

In that case will there be a waiting period? ( I want to have another 6 months waiting period to think about it)

And the father is refusing to pay money as child support, he will register some 5 cents in childs name only, But I prefer money to meet the childs expenses. I am also working.And what all clauses to be included in the petition about child custody like the custody will not change even in case of remarriage of mother, Child visitation by permission of mother only, permission for visa of child in case mother and child relocates to another country.

I have some audio recordings of him threatening me, admitting that he is taking alcohol and psychiatric medications, Do I need to present that in Court in case if he is fighting against me?

Thanks in advance


Asked on 3/27/16, 3:54 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. Last question first: Yes, you may produce transcript of recordings in your petition.

2. You may file an application in the Mutual Consent Divorce Petition already filed and withdraw your consent anytime even before the date fixed for hearing.

3. You can file a separate petition for your maintenance and for child support.

On the basis of threats given to you, an application may also be filed under Domestic Violence laws. You may also refer to my work on Family Law:

http://www.amazon.in/Family-Law-India-EDITION-2014/dp/8192781720

Read more
Answered on 3/29/16, 9:39 pm


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