Dear Querist
My opinion on your queries are as under:
1. If he files a custody case, can he file a case in Chennai or will he have to file it in HP as the child is with me in HP?
Opinion: As per section 9 of Guardian & Wards act the jurisdiction of the court is where the Child is ordinary residing, hence he have to file the case before HP until and unless he satisfy the court that the ordinary residence of the child is with him.
2. If he files a custody case in Kerala, can I get it shifted to HP? If yes, what is the procedure for that and how long will it take?
Opinion: if he file child custody case anywhere in India except HP then you may file a transfer petition before Supreme Court and the SC may transfer the matter. it may be take one month time or more then which is depend on the listing.
3. With the custody issue unresolved, can we initiate a mutual consent divorce simultaneously, if we agree on all the other terms of separation?
Opinion: yes, it can be.
4. Suppose I get my child's custody now. Is there a chance of my son's custody being given to my husband once my son is five years old (or older)?
Opinion: Not a easy task, the court will see the welfare of child, if court think that the welfare of child is with him then only the court hand over the custody otherwise not.
5. Hypothetically speaking, do I stand a chance of losing my son's custody if I get married again at some time in the future?
Opinion: It may be possible if you remarried.
6. Hypothetically speaking, if (after divorce) my husband remarries, would that affect the child custody case in any way? Do I stand a chance of losing my son's custody if my husband remarries?
Opinion: No, if husband remarry then the chance of custody of child is in your favour.
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