Legal Question in Family Law in India

I am a hindu lady residing in kerala with 7 year old daughter. Got decree of divorce in march 2015 and I am the custodian of my daughter. In the mediation agreement, it is stated that I am the custodian and her father has visiting rights. He never paid anything for my child for her expense after the decree even if he had agreed that he will pay an amount monthly through my bank account. It was stated in the mediation agreement. Now I want to change my daughter's name to a complete new name because her original name has her father's name as surname in birth certificate. Local panchayat secretary who issued the origunal birth certificate asked me to submit 1. Notary affidavit 2.one and same certificate from village officer 3. Letter from the school principal where she studies 4. Copy of Decree of divorce that states I am the custodian to make change into birth certificate. Everything I submitted, but the issue is decree does not state about my daughter's custodian, because it is a mutual divorce decree. It is stated in the agreement written and signed by me, my ex husband, our advocates, and the mediator from the court in the mediation agreement. Initially I have filed 3 cases against my ex husband. After mediation, I have withdrawn all those cases and we filed mutual consent for divorce. Because after mediation, we have stated in the mediation agreement that I am the custodian and he has visitation rights. Now the panchayat secretary stating that he needs approval from local Circle Inspector of Police stating that I am the custodian. I have confirmed with my advocate that in all institutions and courts of India, the decree of divorce and mediation agreement should be accepted. Still the secretary not accepting it, I requested him to issue me a letter stating that he cannot accept this court order and mediation agreement together, but he needed that statement about the child's custodian in the dcree of divorce itself. And since it is not present in the decree if divorce, he needs a letter from Circle Inspector of Police. He said he will send me that by post. What should I do now?

Asked on 8/06/16, 12:29 pm

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1) MoU is a part of the MCD divorce decree.

2) The conditions of MoU will not be repeated by the court.

3) Write to the higher officials non-acceptance of the court order.

4) If failed, issue legal notice for contempt of court.

Answered on 8/06/16, 7:57 pm

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