Hi,since both of you have resided in Gurgaon as husband and wife ,the jurisdiction can be made out in Gurgaon..It is true that getting the permanent custody will not be easy as your daughter is still a infant ..However,we can seek visitation rights from court..
Jurisdiction of petition for child visitation
Helllo- My wife moved out of matrimonial home 5 month back with my 2 year old daughter with all her belongings. Since then, she has not let me meet either my daughter or disclosed her location. She is working and has taken place on rent in Delhi. I got to know she moved my daughter to her parent's place who resides in Mumbai. We were residing in Gurgaon since last 4 years before she moved out. There are no cases currently. My questions: 1) I am told since my daughter is only 2 years, filing for custody would not me of much help. I just want to apply for physicial visitations. Can I apply only for visitations under GWOP or do I have to apply for custody only? Under which sections I can apply for visititations only? 2) Can I apply GWOP in Gurgaon court where we last resided together? Which court will have juridiction here? 3) In case of Mumbai juridiction, how should I proceed so that the case is entertained in Gurgaon/ wife brings back the kid to Gurgon. I do not want the court outcome where I have to travel so long distance to meet my kid only for few hours. 4) Since the kid has not yet started schooling, can I apply for interim physicial custody e.g. over weekends? 5) Since I do not have the address of my wife's current location, which address should I use for filing the case? I have her parents (mumbai) and grandparent's (delhi) address. Nilay
Asked 6 years ago in Family Law
Religion: Hindu
9 Answers
Since child is residing in Mumbai file petition for sole custody of your child in
mumbai . As interim reliefs seek visitation rights
2) mention Mumbai address for service
3) you can seek interim custody of your daughter over weekends
4) court would not direct that child be brought to Gurgaon so that you can meet her
5) Gurgaon court may not have jurisdiction as for last 5 months child is in Mumbai
1. See child is ordinarily residing in mumbai so the jurisdiction will be at mumbai you need to file for custody of child seeking interim.visitation pending the custody petition.
2. Further since child is with grand parents not with mother you can try for custody. Alternatively for physical custody on weekends.
3. See mumbai shall be proper.jurisduction gurgaon court may not entertain the petition.
4. Serve notice on the mumbai address if current address not known.
The wife cannot take away your child without informing you. The father is the natural guardian and hence lodge a complaint against her immediately at the police station. You must be knowing where she works. That is sufficient. Give a notice to the employer also that she is absconding and has taken your child along with you.
The child custody case should be filed where you live as she is also living in gurgaon/delhi.
Also don't ake any presumptions as to the custody of child as the court is concerned with the interest of the child and it will rule in your favour if it finds otherwise.
Regards
1. Yes you will get visitation rights of your daughter.
2. You can apply where you last resided.
3. You better file at gurgaon.
4.Yes you can also apply for part custody.
5. You can use her parents address as last known address and news paper publication.
You will get visitation rights but when wife has left daughter at paretns home, you can claim custody. Age bar comes when child in under uninterrupted private custody of mother.Apply for custody.
Jurisdiction is where child resides.
4) Since the kid has not yet started schooling, can I apply for interim physicial custody e.g. over weekends? -- YES
Her parents address.
You need to file a custody petition under the Guardians and Wards Act. Normally, it would have to be filed before the court under whose jurisdiction the ward is currently residing. Visitation rights can also be set up through such a petition.
You can make an application to the court for seeking visiting rights for meeting on weekends and even for taking your child as a sole custody and mention that your wife working in other place and your daughter staying with your wife parents.
1. When we file a petition for child custody we do not renounce our claim to custody even if the writing is on wall. You file the petition and seek custody and let the court decide whether to grant custody or visitation rights. Since the daughter is aged less than 5 years it is most unlikely that she will be uprooted from her mother unless you are able to prove the existence of compelling circumstances in your favour, albeit you will get visitation rights.
2. The jurisdiction to file a petition under the Guardians and Wards Act vests only in the court in Mumbai as the child is residing in Mumbai.
3. Interim application should also be filed to seek interim custody.
4. Use the Mumbai address only in your petition, else the petition may run into issue of maintainability.
1. You cannot apply for visitation rights alone, it is just an interim relief, so you may have to file a GWOP case seeking child custody and file an IA seeking visitation rights in the same provisions of law.
2. Applying for GWOP in Gurgaon court may not be very effective instead you may file the child custody cae in Mumbai where the child is reportedly residing currently.
3. The Gurgaon court may not even entertain any petition for child custody if you show that the child is residing in Mumbai hence you may discuss with your advocate and proceed.
4. Since the child is less than 5 years old,m you may not get that privilege also, however you may mention that the child is not living with her mother hence you would like to take the child with you where you reside.
5. You can give her parents address where the child is residing now
