Visitaton of 5 year old son

Querist : Anonymous (Querist) 18 October 2011 This query is : Resolved
498a file at Andhra pradesh.
I want to file petition at Tamilnadu where we lived for 5 years to meet my son.

1) Is it possible for her to get stay on this or she can transfer my petition to AP that much easily.ie at High court
2) If she it not responding or bringing my son to Tamil nadu, will it affect the maintenance in DV or 125.

Thanks.

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ajay sethi (Expert) 18 October 2011
you are entitled to visitation rights as father . you can make application to family court for visitaion rights . the application has to be decided preferably within 2 months.the application can be made in tamil nadu wherein you resided for 5 years and where you are staying .
your wife can make an application for transfer of proceedings

the claim by your wife of maintenance is on a differnt footing .

Devajyoti Barman (Expert) 18 October 2011
The proceeding for custody of the child under Guardian and Wards Act can only be filed in the court under whose jurisdiction the child is ordinarily residing.

Since now the child is ordinarily residing now in AP you have to file the suit there only.

This case has no connection with the cases filed by her already.

Advocate Bhartesh goyal (Expert) 18 October 2011
Mr Barman is absolutely right child is at present residing with mother in A.P so you have to file petition in A.P.

Shonee Kapoor (Expert) 18 October 2011
You have to file case, where child is residing. Yes, visitation won't be denied.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 18 October 2011
The section is reproduced to ascertain the jurisdiction:

"9. Court having jurisdiction to entertain application
(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides......................"

prabhakar singh (Expert) 18 October 2011
DV AND 125 HAS NO RELEVANCE THEN.

Arun Kumar Bhagat (Expert) 18 October 2011
I agree with all.

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