Jurisdiction ! place to sue..
Suresh Babu Rai
(Querist) 25 March 2015
This query is : Resolved
Good Evening!
My client is a Muslim. He was married X in the year 2014. My client and X were blessed with a female child (Minor), 4 months and X died immediate to her delivery. The parents of X were forcibly handed over the custody of minor child and refusing to place her in to the hands of my client.
As suggested by our experts, I have filed an original petition with the District Judge as “Petition for custody of minor child” and the same is returned by the court on the following grounds.
1. The parents of deceased X resides a other district other than the district where I am going to sue the parents of deceased X.
2. My client is permanent resident of my district and he is an employee of our state government having permanent abode.
3. ` Court has taken objection that, the parents of the deceased X, who possessed the custody of minor child residing at other district and how this court has jurisdiction to entertain the suit, though the petitioner is resident of local jurisdiction of this court. K
Sir! When my client/petitioner resides within the jurisdiction of the court where we are going to sue the parents of deceased X, how can the courts return the petition. My client states that, the place i.e. other district is not safe for him to attend the court. Please guide me in this regard!
Thank you one and all!!
Devajyoti Barman
(Expert) 25 March 2015
SUIT FOR CUSTODY OF THE CHILD IS TO BE FILED WHERE THE CHILD AT THE TIME OF FILING THE SUIT IS ACTUALLY RESIDING.
Rajendra K Goyal
(Expert) 25 March 2015
File the suit where the child is living presently.
ajay sethi
(Expert) 25 March 2015
yes it has to be filed wherein child is presently residing
Suresh Babu Rai
(Querist) 26 March 2015
Is there any law! As per my knowledge no where it has stated that one should sue within the territorial jurisdiction where the minors are residing. OK! When the minors lives at US or other country other than India, how to sue? Please guide me.
