Custody of a minor
Querist :
Anonymous
(Querist) 06 August 2011
This query is : Resolved
I'm staying separate from my husband from more than one year, we are from different states. At his place he has filed a case of restitution of conjugal rights, can i get this case transferred to my place through supreme court as i fear of my life danger there and can i appeal for the custody of my minor son who has been taken away by him forcibly in the same case of conjugal rights under section 38 of Special Marriage Act;(we got married under this act) Would i be getting the custody of my child from the supreme court or should i file another separate case in the family court for Divorce and child custody at my place, which step would be the best and less time consuming as my child is just 19 months old. Please Advice.
M/s. Y-not legal services
(Expert) 06 August 2011
i think you have little knowledge about law..
am advising you to file a divorce petition in your residence (IF YOU NOT WILLING TO REUNION)along with a petition for claiming the child's custody.. as a mother you have good chances to get custody of the children ..
M/s. Y-not legal services
(Expert) 06 August 2011
for your kind information, for getting transfer your case, no need to approach the hon'ble supreme court of india.. high court also having power to bring the case from another state.. am not sure about the provision.. but am sure that high court can do this.. wait our experts will clear this.. otherwise i will give the provision while i back here..
Querist :
Anonymous
(Querist) 06 August 2011
Thank you Mr. Tom for your advice, actually i was advised by one person here, to have the restitution case which has been filed by my husband, transferred through the supreme court to my state where i can appear and appeal for the child custody as well (IN THE SAME CASE OF RESTITUTION), he said it would be faster than the case of divorce and child custody i would be filing at my residence here. He said through supreme court child custody will be given to me for sure and the decision will be fast also.Please....please advice on this i don't want to loose on time.
Raj Kumar Makkad
(Expert) 08 August 2011
Only Supreme Court has power to transfer case from one State to other so apply there and so far as custody of your teenager child is concerned, it shall definitely be given to you as his welfare is dead sure in your hands rather of your husband as his age is only 19 months. You can file this case at your place instead of SCI which can even deny to hear this matter as original jurisdiction vests with Family Court to decide such matters.
Querist :
Anonymous
(Querist) 09 August 2011
Thank You Mr.Raj Kumar, i would like to ask you one more thing that whether i can file a WRIT petition for my child in the high court, would this be BETTER and FASTER for the custody than the family court??? plz answer.
