Seek advice on clauses in petition for mutual divorce
2 years ago
With reference to #196800:
After repeated discussion between us, she has finally agreed for a mutual divorce on an alimony as per my capacity.
Due to everything what has happened over the years during our marriage, I don't want to keep any contact (phonetic or video or physical) with her post divorce. She is also willing to take care of our child however wants to put below clauses in our petition:
- that I talk to our child everyday or regularly
- that I visit her, our child if anyone falls sick or hospitalized in a critical situation
- that I attend parent teacher meetings with her as needed occasionally
I don't want to add such clauses in the petition which makes me legally liable but if at all she is adamant to add them, I want to know whether an "as per availability and in the best capacity of the father" condition can be added covering all the clauses. So that if I fail to meet any of the clause anytime or never meet my ex-wife or child, I won't be questioned by law and cannot be dragged in court.
Thanks for your responses in advance.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
"as per availability and in the best capacity of the father" condition is more vague than that.
take the divorce which you are being offered.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Take the divorce. Contest if your wife files a case against you.
Get the divorce first. Rest be assured if you clear your maintenance dues, you won't be dragged to the court.
Vishwajeeth Yogeshwara Krishnamurthy
Responded 2 years ago
Tanmoy Chattopadhyay
Responded 2 years ago
Critical situation is also within that vagueness and so do not push that either
when she wants you to attend meeting with her - she cannot compel that after divorce since divorce means nullifying all obligation of joint parentage. After divorce each parent will be individually liable for the parentage if custody rights are not exclusively given to any one parent. So those are very silly grounds that you can easily let her be happy with for what you will do after the divorce will scantly be subjected to such conditions. Finally do not even let this thinking creep your mind that you are giving divorce to your child. For your child you will forever be his or her father with all responsibilities.
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#freeLegalAdviceOnDivorce
First get divorce then fight for clauses if your wife files any other case.