I am married for 11 years and have son of 10 years of age. I am separated from my husband from last one year and my son is with him. I have initially gone for mediation but my husband refused to come for the same. Later I filed Divorce & Domestic Violence case against my husband. I am living in Delhi whereas my husband lives in Ghaziabad (UP) with my son. I filed permanent custody application in Family court but jusde asked us to file the same in cisty where child is residing. Please help me to know if I can file child custody case from Delhi itself ot it is mandatory to file the same from Ghaziabad only.
Mam the jurisdiction of child custody application is at Ghaziabad as in child custody matter the jurisdiction rest with the court where the child is presently and ordinarily residing.
So you have to witdraw it from delgi and same need to file at Ghaxiabad court.
you can not file permanent custody of child from other jurisdiction.
You have to file from same jurisdiction.it complete depends on the circumstances if the mother proves that father is not able to take care of the child and not able to provide with amenities which a mother can then court may pass a order in your favour
You have to file application for child custody in city wherein child is residing ie in Ghaziabad
Dear Client,
Under which act you filed custody application ? Guardians and Wards Act, 1890 ?
You should have filed application under Hindu Marraige Act.
Only Courts of Ghaziabad would have jurisdiction to entertain your case as the child custody matter are to be filed at the place where the child is residing.
Hello,
The law specifically lays down that a case for custody of the child can only be filed at the place where the ward is residing and not anywhere else.
Therefore as per the provisions of the Guardianship and wards act you must file the same in Gaziabad only.
Welfare of the child is of paramount importance whihc will be considered by the court at the time of deciding the custody of the child.
Regards
1. The suit for custody is to be filed in the court where the child is presently located.
2. In the custody suit the wish of the child as regards custody of parent is given due regard. So the merit of your custody suit would much depend on the wish of the child as to what he says to court relating to his preference of his parent.
3. However in the pending DV case you can apply for interim custody or visitation of the child.
Child custody cases are filed in the jurisdiction of the family court/competent court where minor child ordinarily resides.
You have been rightly given the liberty to file this case in Ghaziabad.
1) It will be treated from child's point of view where he is staying so he could easily attend the court proceedings easily.
hello
you have to file a transfer application in the supreme court if you want the case to be transferred to Delhi. if you have the divorce petition in Ghaziabad then you have to file the custody application there only. but even if you have filed the divorce case in Delhi, then too, for the welfare of the child the case may have to be filed in Ghaziabad.
regards
Dear client
adv vikas
