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Case filed by father for custody / visitation right of 5 yrs child
03-Jul-2026 (In Divorce Law)
I maya was married in Feb 2000 . We have a son aged 5 years. As we were not comfortable with each other , we made a MOU and filled for Mutual Divorce in May 2024 and got Mutual Divorce Decree in April 2025. In our MOU duly notarised , it is clearly mentioned that son will reside with mother and my husband will not not ask custody or visitation right in future . But my husband has filed a case for custody/ visitation of child without mention of MOU, is the case tenable.
The husband's case for custody/visitation is legally tenable, notwithstanding the MOU. Under Indian law, the right to seek custody or visitation is a parental right rooted in the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890, and more fundamentally, it flows from the welfare of the child, which is the paramount consideration in all custody matters — not the private agreement between parents. Courts have consistently held that parties cannot contract out of the child's right to have access to both parents, nor can a parent validly waive his own parental rights in perpetuity through a MOU, however clearly worded or notarised. Such clauses are treated as void being contrary to public policy and the best interest of the minor.
Therefore, even though the MOU records mutual consent that the husband would not claim custody/visitation, this does not operate as an estoppel against him, nor does it bar the Family Court's jurisdiction to entertain his petition. The Court will independently examine the child's welfare, age, bonding, and circumstances before deciding the custody/visitation issue, irrespective of the MOU terms. You may certainly place the MOU on record as evidence of past conduct/settlement, but it will not be a complete bar to the husband's petition.
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Adv. Neha Gupta
Adv. Neha Gupta
Kurukshetra | 100+ Answers
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helo i am advocate Ajay Godara form Hisar Haryana mana app ki puri detail check kar le ha please case ki puri detail send Kara taki ham app ki puri help kar saka app hame whtup ya email kar sakta hai app ki puri help ki jaya ge app Hame whtup ya email kar sakta hai app ki puri detail send Kara taki ham app ki puri help kar saka
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Adv. Ajay Godara
Adv. Ajay Godara
Jind | 25+ Answers
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There are Various legal Remedies to deal with it . Rest depends on matter.
feel free to Contact for further advice and assistance
Thank You
Regards
Advocate Kuber Hooda
Punjab and Haryana High Court
Delhi High Court
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Adv. Kuber Hooda
Adv. Kuber Hooda
Panchkula | 700+ Answers
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Based on the facts shared, the petition is not automatically maintainable merely because it has been filed. The MOU executed at the time of mutual divorce and the terms incorporated in the divorce decree are important and can be relied upon before the court. However, in matters relating to child custody and visitation, the court's primary consideration is always the welfare and best interests of the child. I would advise you to contest the petition by placing the MOU and divorce decree on record. Please share copies of the MOU, divorce decree, and the custody petition so I can examine the matter and advise you on the best legal strategy.
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Adv. Anmol Sharma
Adv. Anmol Sharma
Faridabad | 5+ Answers
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The custody/visitation petition is maintainable despite the MOU. Under Indian law, the welfare of the minor child is the paramount consideration, and parents cannot permanently contract away a child's right to have a relationship with either parent. However, the notarised MOU and the mutual divorce decree are relevant pieces of evidence. If the father suppressed the existence of the MOU or made incorrect statements before the court, you may bring those facts on record by filing your written objection and producing the MOU and decree. The court will independently decide custody or visitation solely on the child's best interests, and the father is not automatically entitled to visitation merely because he has filed the case.
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Adv. Usha Gehlot
Adv. Usha Gehlot
Sonipat | 5+ Answers
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