I've been married to my husband for 13 years. We're Muslims, he's from Anantapur, Andhra Pradesh, and I'm from Hyderabad, Telangana. We have two daughters, aged 13 and 3. Since our marriage, my husband has been working in Riyadh, Saudi Arabia, while we lived there and the children studied. During vacations, we visit India, staying in Anantapur (his family's place) and Hyderabad (my mother's home). Unfortunately, my husband and in-laws have been abusive, leading me to file a 498A complaint at a Hyderabad police station a year ago. Now, for about a year, both kids have been living with me and attending school in Hyderabad. Their Aadhar and passport addresses are registered in Hyderabad. Recently, my husband filed an RCR (Restitution of Conjugal Rights) and GWOP (Guardianship and Wards of Minor) case in Andhra Pradesh, his home state. I'm unsure if such a GWOP case filed in his hometown is maintainable. Upon receiving the summons for the GWOP case, we hired a local lawyer. We skipped 4 summons, and yet to file a counter. Our lawyer is been urging us to travel to Anantapur and present the children in court. However, the prospect of traveling such a distance with the kids just for a court appearance is daunting and seems like a tactic to further harass us. I'm seeking advice on how to handle this situation more effectively.
Object to jurisdiction of GWOP in Anantpur
2) since kids are residing in Hyderabad case should have been filed in Hyderabad only
3) file detailed reply in RCR case that you cannot stay with husband as he has harassed you and abused you and 498 A case is pending against him and in laws
4) you can file petition in SC for transfer of the 2 cases to Hyderabad
Presence in court is not required the case can be filed with POA
Hi,
I totally understand the gravity of the situation. I advise you to kindly move to SC and seek transfer of the case to your home state urgently. Skipping the notice further might lead to ex parte hearing against you.
regards
If you had filed 498A case in Hyderabad a year ago, than kindly ask Anantpur court to transfer those RCR and GWOP cases in Hyderabad court. By giving reason that you couldn't travel by taking kids to Anantpur. It's better to have all cases in one court as you have filed case first in the Hyderabad.
Dear Client,
It's understandable that traveling to Anantapur for court appearances might be challenging, it's important to respond to the summons and participate in the legal proceedings. Failure to respond could have negative consequences for your case. However, you should discuss your concerns with your lawyer and explore alternative options, such as requesting remote participation or seeking a postponement if travel is not feasible. If you disagree with the claims made in your husband's petition for restitution of conjugal rights or guardianship and wards of minor, you should file a counter affidavit stating your objections and present your side. If you feel that you or your children are at risk of harm from your husband or his family, consider seeking legal protection orders such as a restraining order or protection order. If custody of your children is at issue in the guardianship and wards of minor case, be prepared to present evidence of your ability to care for and provide for your children's best interests.
Hello,
There is no necessity to take your children to Anantapur, if at all he wants to see the children, let him get interim relief of visitation rights and meet the children as per court orders. You can file a counter to the GWOP stating that the petition is not maintainable in Anantapur.
You can file a strong objection and counter to his RCR petition too and if you do not want to continue the marriage then you can file a divorce petition under section 2 of the dissolution of muslim marriage act on the grounds of cruelty.
- As per Section 9 of the Guardians and Wards Act, the Court where the child 'ordinarily resides' would have jurisdiction to decide the issues of guardianship and custody.
- Since, the daughters are in your care and custody , hence the jurisdiction to file the case would be Hyderabad and not the state of your husband
- Further, even if the order passed in the RCR case due to your non appearance in that case , then also the decree will have no impact in your 498A case.
- You can file reply the GWOP case through your lawyer , and presence of the daughters is not mandatory
- Further, you can move an application to dismiss the filed case on the ground of maintainability and jurisdiction .
- Further, you can also approach the Supreme Court for transfer the cases filed by the husband
