The mutual consent divorce decree cannot be challenged as it is obtained from consent of both parties it can be only challenged on ground the consent was not free and was under some coercion.

Even if you had not given up your complete right over your child than the claim visitation right as you are a parent and have equal right for your child

you can mutually also decide visitation rights with your wife for can file an application for visitation rights in court the court shall grant order on that and provide you with the visitation rights. it is better if you mutually with your wife decide the visitation schedule it will easy for you to get the visitation right.

if it is not decided mutually than you can file an application under secrtion 26 Hindu marriage act for modification of child custody orders.

You can apply under 26 Custody of children. —In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made: 58 [Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.]

1) you are entitled to visitation rights for child as you are the biological father of child

2) you have to make application to court and seek visitation rights

3) you can chat with your son through skype once a week atleast

4) joint parenting would not be possible

Hello sir , since you already have disposed custodial and guardianship rights of your child mutually to your wife , you cannot challenge it further in any court .. If it would have been a contested court order , then you would be having a right to appeal against such order..

Dear Sir,

Out of my experience as Judge for last 20 years, I say that the terms of decree against settled law of the land. I will answer your points as follows:

1) Natural Guardian : Mutually agreed on point that mother will be having full custody of minor child and father has no objection.

2)

Ans: How it can be, father always have a right. Some admissions during course of cross examination cannot be relied upon. Entire evidence is to be read and finding must be given. Debatable finding.

3) Father bequeaths all his rights as natural guardian of the minor child in the interest of child and from the date of decree of divorce the Mother will be the sole and absolute guardian of the Minor child.

Ans: “Bequeaths” word will be used only in the Wills. The Judge must not have basic knowledge about the use of legal terminology. This finding is to be challenged before High Court immediately.

4) Mother will not claim any alimony after date of decree.

Ans: It has some meaning. You need not pay any alimony or maintenance to your wife.

Please advice if the above stated points are permanent and will not be changed in any case.

Ans: You must challenge the above findings before Higher Court and the same will be set aside and visiting terms will be modified as per your wish. Be courageous. Nothing happened. Please visit my office with copy of judgment. I will save you from mental torture. I am in Bengaluru City.

Have few question on above decree

1) I would like to go for Joint Parenting

Ans: Yes, it can be and higher court will grant it.

2) If Join Parenting is not possible as I failed to include myself as a natural guardian ...Can I have Visitation rights? If yes how can I schedule Visitation Rights

Ans: Yes, you can schedule your visiting rights as per your convenience, for example you can take your child to your M.P. State during school vacations.

3) I stay away from the child's current residing place Madhya Pradesh(1000 KM away), how can I ensure I spend good quality time with my child.

Ans: Yes, I understood your problem. Be assured.

NOTE: IT BEING A MUTUAL DIVORCE, YOU CAN CHALLENGE ON THE GROUND OF MISREPRESENTING THE FACTS TO YOU BY YOUR ADVOCATE.

You need to reclaim the right as a natural guardian which you did not claimed at the time of divorce and as for the visitation rights that you will be granted with conditions and time limitations.

1. Welfare of the child alone is paramount consideration for the court and your waiver of right seeking custody of the child has no force under the eye of law.

2. So in other words if you could managed to establish that the welfare of the child is getting hampered under the custody of the your wife then the court cna give his custody to you.

3.If not then it is also established that for the welfare of the child it is essential that he meets his estranged parents in regular interval then also the court gives you right of visitation of the child.

4. Do note that such case for custody or visitation rights of the child is to be filed in the city where the child is presently residing.Your present location is of no consideration for court. So as per your convenience the court may fix the schedule to spend time with your child where he is presently located.

Dear Querist

for the welfare of the child, the court has all powers and the court may grant you the visitation rights on your cost, but you have to file a child custody case based on the welfare of the child and not for your feelings.

file a child custody case before the family court where the child currently resides.

Feel free to Call

3) Mother will not claim any alimony after date of decree - If she is unable to maintain herself in future, despite a stipulation in the agreement, she can claim alimony.

2) If Join Parenting is not possible as I failed to include myself as a natural guardian ...Can I have Visitation rights? If yes how can I schedule Visitation Rights - Agree mutually regarding weekend visitation rights.

3) I stay away from the child's current residing place Madhya Pradesh(1000 KM away), how can I ensure I spend good quality time with my child. - Be with the child during week-ends.

1) joint parenting concepts will not work, court will ask you then why you got separated.

2) Visitation are allowed twice in a month dor 4-5 hours or full day. Depends upon court.

3) Try to take continuation visitation for 2-3 days, try to this for, as you are li iving 1000 KM away from them.

No, these points are not fixed and at any time with the change of circumstances, you can seek a modification of this order.

Visitation rights cannot be denied to you at any cost and at any given point of time, you can approach the Court and claim your right to visit your children.

1. For joint parenting too, you will have to approach the Court seeking modification of the decree already passed/or filing a fresh case.

2. Off course, these are the basic rights and cannot be denied under any circumstance; whether or not you forgo the custody of your children.

3. This will be taken care of by the Court when you claim your visitation rights.

1. It will be difficult for you to get these point changed, however you may claim visitation right and custody later if there happens to be a drastic change in the circumstances.

2. Told above, only in case of changed circumstances i.e., you will have to show to the court that the welfare of the child is not taking place in the custody of the mother and therefore the custody be given to you.

3. You will have to file a suit at the place where ward is residing, and since mutual settlement terms are against you therefore you may only get the custody once you have the court order with you.

Regards

If what you have stated had been on the basis of the mutual understanding and the same had been drawn in the decree of divorce then you have less chance to get it altered to your taste.

When the sole custody is given to her there is no question of joint parenting until the appellate court decides on merits in your appeal.

You can very well ask for visitation rights because that was not covered in the divorce decree

It depends on how you chalk out your program to make this possible

1. It depends on how your advocate pushes your case through the proceedings to get you the desired interim relief of visitation rights.

2. You should have mentioned the same in the petition seeking visitation rights.

3. Whether you relinquish your rights of natural guardian or not, the law says that the biological father is the natural guardian and not the mother.

You can file an appeal against it if this was not out of mutual agreement

4. That will depend on her reasons that she may rely upon

1) you can get visitation rights within a year time

2) you can seek joint custody of child but it is doubtful court would grant you the joint custody in view of consent terms signed by you

3) wife cannot flout court orders granting you visitation rights

4) it would amount to contempt of court

Dear Querist

My opinion on your queries are as under:-

1.At present, his mother has disconnected me from all source of communication and I have not seen my son from 1.5 years. How long this process would take for me get granted visitation rights. How can I expedite the process?

Opinion:- within one or two hearing you can get the visitation Rights after filing the child custody case only based on the welfare of a child.

2) can I be part of his school and other functions and can court grant me this kind of access to my kid.

Opinion:- for the welfare of child the court may grant that type of access to you.

3) in what circumstances I can reclaim the natural Guardia rights back as final decree has clearly stated I bequeathed natural guardian rights.

Opinion:- only if there is any welfare of child exist then the court may allow you otherwise not.

4) under what circumstances my wife can deny the visitation rights for me.

Opinion:- if she does not want that you visit the child then she may raise her objection based on the terms mention in the decree of Court.

Feel Free to call

Dear Sir,

My answers are as follows:

1) At present his mother has disconnected me from all source of communication and I have not seen my son from 1.5 year. How long this process would take for me get granted visitation rights. How can I expedite the process.

Ans: For instant relief you may visit the following authority.

CHILD RIGHTS COMMISSION ACT 2006

http://www.kscpcr.com/eng_ver/actsandrules.php

The Karnataka State Commission for Protection of Child Rights (KSCPCR)

4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE

NRUPATHUNGA ROAD, BANGALORE- 560 001

(080) 2211529

Such Commissions are situated in Every State.

2) can I be part of his school and other functions and can court grant me this kind of access to my kid.

Ans: Yes, Court will give such rights to you.

3) in what circumstances I can reclaim the natural Guardia rights back as final decree has clearly stated I bequeathed natural guardian rights.

Ans: You must get reopen your case on the grounds of fraud and misrepresentation.

4) under what circumstances my wife can deny the visitation rights for me.

Ans: Until and unless you get orders from Court, your wife can deny you the visitation rights in view of your own admission before the Court. For any clarification please visit my office.

1. For getting the visitation rights it will take approx 5-6 months.

2. Yes the court can grant you such kind of access.

3. By showing that the welfare of the child is not happening in her custody and it will be better if the child comes in your custody.

4. She will take recourse to the document wherein you have bequeathed natural guardian rights

Regards

1) all your questions answer depends upon the judge and he will be granting you rights of visitation accordingly.

Hi,

I hope with all the replies, your queries are solved.

1. About a month.

2. You can pray this before the court and seek these rights too. The final discretion will be that of the court.

3. If your wife has failed in taking the proper care of the child. In light of these changed circumstances, you can seek your child's custody.