Simulation - V

Ms. Radha, aged about 40 years and Mr. Mohan aged about 45 years married in the year 2010. They blessed with twins one boy (Anil) and one girl (Aparna) in the year 2012.

When the children were at the age of 3 years, disputes arose between the couple. Since then they are living separately. After 2 years Ms. Radha developed relationship with her colleague Mr Raghavan, and both of them are living together. Ms Radha’s children are with their grandparents (Radha’s parents).

Radha’s parents are aged and they are not in a position to take care about the children. They are requested to take care of their children either by Mohan or by Radha. Radha consented to bring her children back from her parents. But, Mr. Raghavan is not allowing her to bring her children.

Mr Mohan came forward to take his children, if Ms.Radha gives divorce to him. But she is not willing to give divorce to Mohan, with an intention to suffer him. Mr. Mohan applied for divorce in Family Court.

Conciliate the matter, according to relevant laws and submit conciliation report to the Court.

Solution:

In this situation, the welfare of the children should be the priority. The children should be given a safe and secure environment where they can grow and develop.

First, it is important to assess whether Ms. Radha and Mr. Mohan can come to an agreement regarding custody and visitation of their children. If they are able to do so, then the court can formalize their agreement through a custody order. This would also involve deciding on child support payments, which Mr. Mohan would be obligated to pay.

However, given that Ms. Radha is not willing to give divorce to Mr. Mohan, it is unlikely that they will be able to come to an agreement. In that case, the court will have to make a decision regarding custody and visitation.

In making this decision, the court will consider the best interests of the children. This will involve considering factors such as the children's relationship with both parents, the children's living situation, the parents' ability to provide for the children's needs, and any history of abuse or neglect.

It is also important to consider the role of Mr. Raghavan in this situation. If he is preventing Ms. Radha from bringing her children back from her parents, this may be seen as a red flag and could impact the custody decision. It would be advisable for Ms. Radha to work out the situation with Mr. Raghavan in a way that allows her to have access to her children.

Ultimately, the court will make a decision that is in the best interests of the children. This may involve granting custody to one parent and allowing visitation with the other, or it may involve joint custody. It is important for both parents to cooperate and work towards a solution that prioritizes the children's well-being