I got married in 2007, had a daughter in 2008. I stay in Jaipur. My wife left me and my child in May 2011 and went to Hyderabad. Me and my mother took care of my 3 year old daughter then. after going to Hyderabad, my wife kept assuring that she will come to Jaipur, after 1 year, she claimed, she need change, as some issues were there and some small quarrels/arguments due to ego clashes. In 2013, she demanded my daughter and assured me , if i give my daugher, she will come back to Jaipur after 1 year, she wanted to make me feel, how difficult to stay without daughter. I gave my daughter also in this hope, that she will come after 1 year. In between she was in regular touch with me and used to come to Jaipur also to meet her daughter. But we dont have any sexual relation since 2011. After that, I also started going to Hyderabad to meet my daughter and on her birthday, but always forced to stay at Hotel, as was never informed about my wife address and company name. Same story kept going till 2016. IN 2016, my wife completely said no to stay with me. Than I filed Sec 9., After this, she taught ill also to my daughter about me, and even stopped me from even talking to my daughter on phone and meeting her by going to Hyderabad. Its 1 year, i have not met my daughter. Sec 9 I filed in Jaipur and case going on. In Sec 9 reply she blamed me of Dowry and domestic violence, although no separate case has been filed against me till now. Now, I want to file Child custoday/Visitation rights for my daughter, but my wife has threats me that if i file case for my daughter, she will file false cases against me , my mother. Now my question is 1. Can I file Child custoday case in jaipur, although my wife and daughter staying in Hyderabad. At first instance, it seems no, but 1 lawyer has even advised me that it can be done here also in Jiapur, through some way. I have filed Sec 9 also in Jaipur and sent notive to Kota, where my wife father stays 2. As soon as i file for child custody , my file will file false cases against me, its 6 years we are separate, I filed, Sec 9 and now Child Custoday,, and my wife charges are in reaction to this, will this shield me? 3. Shall I file child custody immediately or I should wait till the decision of Sec 9 case
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
section 9 petition for RCR would take 5 years to be disposed of
2) you should file for cuistody of your daughter immediatedly
3) you should file for custody of child in hyderabad as child is in hyderabad
4) if wife files false case of dowry harsssment you can draw attention of court to fact that it has been filed as counter to cases filed by you . court would grant you bail
1. No,child custody is to be filed where the child stays .ie. in Hyderabad.However RCR in Jaipur is maintainable.
2. Yes it would shield you as far as taking of bail is concerned.However merit of the case would be decided independent of each other.
3. You can even now or file a temporary custody case in RCR now.
1. Yes, the petition for visitation rights can be filed in Jaipur as your case for RCR under sec 9 is going on in Jaipur.
2.In case your wife files DV case or case under sec 498A in retaliation against visiting right case, you should get anticipatory bail from competent court for yourself and mother and the case can be fought on merit.
3.you may file visitation rights case without delay .
Dear Querist
My opinion on your queries are as under:-
1. Can I file Child custoday case in jaipur, although my wife and daughter staying in Hyderabad. At first instance, it seems no, but 1 lawyer has even advised me that it can be done here also in Jiapur, through some way. I have filed Sec 9 also in Jaipur and sent notive to Kota, where my wife father stays.
Opinion:- You may file the child custody case in jaipur but you have to proved that Jaipur was the place where the child ordinarily reside and due to her false commitment, the child was reside in Hyderabad. Read section 9 of Guardianship & Wards Act. but you may file child custody application U/s 26 of HMA before the court where the section 9 of HMA is pending as Misc. Case.
2. As soon as i file for child custody , my file will file false cases against me, its 6 years we are separate, I filed, Sec 9 and now Child Custoday,, and my wife charges are in reaction to this, will this shield me?
Opinion:- if she filed any case now then it may be consider as counter blast case and your section 9 of HMA will be worked as shield for fighting the cases.
3. Shall I file child custody immediately or I should wait till the decision of Sec 9 case
Opinion:- no need to file any separate case for child custody, you may file an application U/s 26 of Hindu marriage Act-1955 for child custody too.
Feel Free to Call
1. You can file child custody case in Jaipur family court also but that may not be very effective since the child is residing elsewhere in Hyderabad an it will be practically difficult to execute the decree even if you get one in your favor.
2. If she files false cases against you, it can be challenged based on the merits in your side including the current case you have file against her.
3. The child custody case is different to that of the current RCR case, hence this has no bearing on that. You can file the child custody case now also.
1. according to guardian and wards act you cannot file custody case at Jaipur but this principle is applied in respect of fresh case.
2. if a matrimonial case is already pending then you can seek custody therein because the cause of action i.e. right to custody of child, is accrued in the same transaction.
3. you can file custody case in jaipur.
Thanks for suport. after all replies, i got to understand that, I can file Custody application in current case of RCR in Jaipur as well I can file Under Wards & Guardian Act in Hyderabad. Now which is more effective, please suggest. Also, Please let me know, how much time it takes for getting visitation rights atleast if I file under current case of RCR.
As I had opined earlier that the RCR case is no where related to the child custody case, you may file the child custody case in Hyderabad itself. In that you can file an application seeking visitation rights to visit your child as an interim relief.
file application in hyderabad under guardian and wards act for custody of your child
2) RCR cases take 5 years to be dispsoed of
3) visitation rights under RCR may take around a year
On the first hearing after the service of summon to opposite party the court can passed an order for visitation right to you.