LawRato

Point that should be included in agreement


28-Jun-2023 (In Divorce Law)
Me and my husband are ready for mutual divorce but i have a baby of 5 month what should be the point that should be added in the divorce so that my husband could not claim child custody in Future moreover he is not giving any maintenance.
Answers (5)

Answer #1
546 votes
I've understood your concern and I've an experience of dealing such kind of matters therefore, be assured that I shall assist you throughout the process in obtaining appropriate remedy for you. Please reach out to me so that we can expeditiously start the process. Regards, Alankrit Bhatnagar (Advocate)
Helpful? LawRato LawRato
Answer #2
715 votes
If you don't want your husband to have any rights over the child in future then you can simply write that both the parties have agreed then the custody of the minor child will remain with the 1st party (you) and the second party (your husband) has got any visitation rights or any claim over the child. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Answer #3
607 votes
Yes you can go for mutual divorce as per the Hindu marriage act . There is two procedure that is First and motion both decree must be required for mutual divorce and we will help you we can connect with us
Helpful? LawRato LawRato
Answer #4
938 votes
In mutual divorce both husband and wife decide the terms of their separation amicably. However as per the directions of the Hon’ble Delhi High Court the question of custody of the child and maintenance is kept open for the parents/parties based upon change in circumstances in future. If the child is below the age of 5 then the custody will remain with mother only. Husband can not claim it back, subject to certain exceptions. For better understanding feel free to contact. Thanks
Helpful? LawRato LawRato
Answer #5
518 votes
Well, as per the recent high court judgement in the case of Rajat v. Rupali, once the MOU is signed by the parties and a statement is recorded by the Hon'ble Court in that regard, no party can violate the terms and conditions written in the MOU or he/ shall be held liable for contempt of court. So, if you incorporate the custody portion in your favour make sure you provide visitation rights to your husband as he is the biological father of your child. So in order to avoid any future litigation, you should keep that in mind before entering into settlement with your husband.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."