90,000+ Legal Questions Answered

Seek advice on clauses in petition for mutual divorce Seek advice on clauses in petition for mutual divorce

3 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 3 years ago

A.so what is liability for such vague terms ?
"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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Take the divorce. Contest if your wife files a case against you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
Get the divorce first. Rest be assured if you clear your maintenance dues, you won't be dragged to the court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Vishwajeeth Yogeshwara Krishnamurthy

Responded 3 years ago

A.No sir you won't be dragged. Unless and until you clear maintenance dues
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Tanmoy Chattopadhyay

Responded 3 years ago

A.Talking to child everyday or regularly is a vague term and let it remain there if she insist on it. ( emphasize on the word "OR regularly" )

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.

#Divorce
#freeLegalAdviceOnDivorce
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.Dear Sir,
First get divorce then fight for clauses if your wife files any other case.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMarriage problem
Dear Sir, Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
question iconMy wife hardly stays with me what should I do
Dear Sir, First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
question iconDivorce case
Dear Client, In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
question iconHusband harrasment
Dear Client, In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
question iconMental harassment by husband staying in Pune on wife living in Bangalore
Dear Madam, Please file multiple cases against your husband and his family members. You can get maintenance easily thus he may come for compromise.