If mother does not send the child back after the specified time of visitation is over then it will be an illegal custody as the custody has to be with father in terms of the MCD decree, which is actionable by father through a habeas corpus. The mother should file a petition for child custody if she has a reason to believe and evidence to prove that her son is being neglected by his father.

1. your son is living under proper custody because father is the natural guardian of a child above the age of 5 years.

2. you can file a case before the district judge under G&W Act for custody of child. you have to show that his father is reluctant to his proper care, his step mother is also reluctant and it is in the interest of the child to give under custody of his mother.

3. under guardianship act, interest of the child is the paramount consideration and age of the the child is immaterial when certain circumstances exist to take right decision towards proper care of the child.

1) the consent terms signed by the parties would be binding

2)mother only has visitation rights not custody of the child

3) she should not keep child permanently with her

4) husband will file case against ex wife and seek custody as per court orders if wife refuses to return the child

The consent terms of the second motion which were read into the decree are binding on the parties. The orders of child custody are flexible and can be modified according to the welfare of child.

Father can take out contempt of court proceedings against you for failing to comply with court orders

You may file a child custody case before family court under section 9/12/25 of guardian and Wards act and claim custody of child for his welfare

Mother has to prove that she is the best person for the welfare of child.

Feel free to call

1. No body can act as per her/his own wishes against the law or the Court order.

2. As per the Court order father has the custody of the child.

3. Mother can not take away the custody of her child from her husband without availing any court order to that effect.

4. Father can file kidnapping case and also contempt of court case against her wife for not following the Court border.

1. Which consent term the Judge has referred to in his decree for granting the said MCD?

2. Ordinarily the subsequent consent is considered as the final consent which has further been established by your allowing the child to be with your husband till now.

1) if father is willing to handover custody of child to biological mother she should take the custody of child

2) she can apply to family court for custody of the child and mention that in consent terms there was clause that mother would have custody of child and no amendments were made to consent terms filed in mutual consent divorce petition

The orders of child custody, whether passed in contested trials or a consent based proceeding, are not perpetual or irrevocable. These orders can be modified in view of changed circumstances which merit a change in the order to cater to the welfare of the child. So the mother should file a petition for child custody under the Guardians and Wards Act to get the custody of her son, but she cannot just bring the child and refuse to give back the custody to his parent without a court order in this regard,

1. You have stated that the decree of MCD referred to the petition filed jointly by both of you and the terms mentioned therein.

2. You have also mentioned their Grandparents are asking the mother to take her child as he isn't being looked after properly.

3. That be the fact then you can keep your child with you since the decree has referred to the divorce petition wherein you were supposed to have custody of your son.

4. On the above ground you are not required to file any other petition for any fresh order in connection with the custody of your son.

First motion for mutual divorce mentioned custody with mother and father visiting rights but in second motion it was reversed. Wife agreed as father had means to provide for child expenses. 4 months later father married a lady having a son. 6 months later lady married a bachelor. Now after 1 year mother came to know that her son is not being looked properly by her step mother. She wants to keep her son with her alongwith her new husband. Son is 9 years old. Can she keep her son permanently in her new house after bringing him from fathers house on the pretext of two days? Can her Ex. Husband file a case of Kidnapping or any other criminal case.

The biological mother if has reasons to believe that her child is being ill treated by the step mother then she can file a case seeking custody of the child or even she can take her child back and this canot be treated as kidnapping

Which consent terms of 1st Motion (wherein child under mother custody) or of 2nd Motion (Wherein child under father custody. Father can file case of which nature Criminal or Civil. During the pend-ency of such case will the child remain under mother custody.

Let the father defend the case on his merits, he cannot file a criminal case agaisnt the mother for taking way the child, let the court decide about the custody.

Petition for Mutual Divorce is filed under section 13 (B) (1) in that petition the custody was written with mother & visiting rights to father and same was repeated in S.A, but after 9 months, when Motion under 13(B) (2) was filed the custody was written with father & visiting rights to mother. No amendment to this effect was filed. The Judge who passed the order for Decree of Divorce, referred to petition under 13(B)(1) and the order of the judge who decided that petition. As father of the child has remarried to a woman who is a divorcee and have custody of the son from her ex husband, the Son is not being treated well by the step mother. The new couple has started maltreating to Son's grand parents. They are asking the mother to take her child as he isn't being looked after properly. Mother used to bring her child to stay with her and her new husband frequently. She has brought her son as usual and doesn't want to send her son back to his father. Can she keep the son with her and file an application to some court for keeping her son with her till the application is disposed off.

The mother if she feels that her child is being ill treated and not looked after well, can retain the child, let he file a case for contempt of court agaisnt her which will not be maintainable because the mother can very well project before the court about the ill treatment meted out to her child bad she may ask the court to set aside any order in this regard and issue fresh order giving her the relief of her child to her in custody.

1) court has gone by statement made by husband and wife in affidavit filed by them at stage of second motion . that child will remain in custoidy of father

2) mother can approach the court and draw attention to consent terms filed at time of filing of petition wherein it is mentioned that custody wpould be given to mother only and seek cusdtody of the child

The custody of child shall be decided by the court and a judgment also can be passed in the same case where he prayer has been made about the custody of child.

The joint petition for MCD has an additional prayer seeking custody of child with father and this has been consented by the mother, then the court may draw a judgment accordingly since both the parties have agreed to that condition.

Though an appeal seeking to set aside the order for custody of the child with the father may not fetch the desired relief, there is nothing wrong to prefer an appeal on the grounds that the child is being meed out with ill treatment by the step mother and considering the child's future the child may be handed over to his mother.

The conditions laid down in the MOU or petition, except to the extent that they are incongruous with the statement recorded in the S.A on the final motion, will have the force of law and are binding on both the spouses. The clauses of the petition can supplement the statement on solemn affirmation. They have to be read in conjunctivity. Be that as it may, consult a lawyer with the complete set of pleadings and the decree of the court for a concrete opinion.

1. The procedure followed for availing MCD decree is that both the husband and wife jointly file a MCD petition detailing the terms at which they have agreed for the said MCD. This is called the 1st motion.

2. After 6 months both of them appear before the Judge submitting their evidence and confirming that both of them still want divorce and on hearing the same, the Judge decrees the said MCD.

3. During the 2nd motion, no fresh petition which is different from the original one is filed or moved. only the evidence supporting the statements made in the MCD petition is filed,

4. Hence, the Judge passes the decree for the MCD based on the MCD petition and as per the terms agreed by both the husband and wife.

5.Based on MCD petition, the Court can not decide on child custody but can pass the decree of divorce based on the terms agreed by both the parties as confirmed under affidavit while filing their MCD petition.