• Child access & child custody

Sir, 
My wife has filed a DV Case at Nagpur, Maharashtra, we have never stayed at Nagpur, I had filed a RCR at Belgaum, Karnataka. The RCR at Belgaum,Karnataka got transferred to Nagpur, Maharasthra by the supreme court transfer petition, Now at Nagpur, my wife has filed for access and custody for our 6 years 10 months old son who is presently at Tezpur, Assam. I am serving in the Army. Please guide and advise me
Asked 3 months ago in Family Law from Tezpur, Assam
Religion: Hindu
1) if wife is staying in Nagpur temporarily DV case can be filed in Nagpur 

2) you should oppose custody of child be granted to mother as child has stayed with you for these years 

3) welfare of child is paramount consideration  

4) yiu can agree to grant of visitation rights to the mother 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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according to the guardians and wards act her petition is not maintainable because it should be filed at Tezpur because child is residing there. you should object on the maintainability of the petition . 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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same rule is adopted in the hindu guardianship and maintenance act. your objection will sustain and her petition shall be dismissed at the stage of admission. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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The case could have been filed only at Tezpur i.e where the child is residing. You may move the Supreme Court to transfer the petition to Tezpur from Nagpur.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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The child custody and access or visitation rights case can be filed at the place where the child is residing.
Even if she is getting a favorable judgment in this case, she may not be able to execute the order since the child is staying far off in a different state.
Sh has to file an execution petition before a court at Tezpur only.
However you can file a strong counter objecting to her petition on the basis of lack of jurisdiction. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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If you want to file quash petition, you may file it before Nagpur bench of Mumbai high court.
You have to file an appeal against the non-response in the previous letter seeking information under RTI act.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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for quashing your petition under DV act you have to move bombay HC bench at nagpur 

2) please note quashing is granted only in exceptional circumstances 

3) you can in alternative fie for discharge in DV case in trial court in Nagpur 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0

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