When children are part of a mutual divorce, the Bengaluru Family Court at Nyaya Degula places their well-being first, ensuring arrangements are fair and child-focused under
Section 13B of the Hindu Marriage Act, 1955. Here’s a comprehensive look at what to expect, whether you’re in Indiranagar or Marathahalli:
1. Custody Agreement: You and your spouse must agree on custody arrangements before filing the petition. Options include:
- Joint Custody: Both parents share physical and legal responsibilities, often splitting time (e.g., weekdays with one parent, weekends with the other).
- Sole Custody: One parent has primary physical custody, with the other having visitation rights (e.g., alternate weekends or holidays).
The court prioritizes the child’s best interests, considering factors like stability, schooling, and emotional bonds.
2. Child Support: Agree on financial support, covering expenses like education, healthcare, and daily needs. For example, one parent might pay ₹10,000–₹30,000 monthly, depending on income and the child’s needs. The court may review this to ensure fairness, especially for high-earning professionals in Whitefield or Electronic City.
3. Documentation: Submit your children’s birth certificates and a notarized custody agreement with your petition. The agreement should detail custody, visitation schedules, and support amounts. Bengaluru Family Court’s online portal simplifies digital submissions, saving time for families in Jayanagar or HSR Layout.
4. Court Oversight: During the First and Second Motion hearings, the judge may ask about your arrangements to confirm they’re in the child’s best interest. In rare cases, the court may appoint a counselor to assess the child’s needs or recommend adjustments, particularly if parents disagree on terms.
5. Post-Divorce Flexibility: After the divorce, you can modify custody or support terms if circumstances change (e.g., relocation or income changes), with court approval.