Interim custody of son

sudhir (Querist) 13 April 2014 This query is : Resolved
I applied for custody of my 7 year son staying with my wife. The petition was filed in my home city X. My wife applied for transfer of the case to her home city Y in Supreme Court and got a stay on proceedings
till the next date of hearing in August. DV case is also running in city Y. I want to apply for interim custody of my son during summer vacations. Is it possible to apply at this stage ?

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Advocate M.Bhadra (Expert) 13 April 2014
Jurisdiction for'child custody' will try and entertain to 'ordinarily residence' of child on the date of presenting the said Petition.As because child may be visited as per Court;s order.

T. Kalaiselvan, Advocate (Expert) 13 April 2014
along with the interim custody file another petition for visitation rights too.

ajay sethi (Expert) 13 April 2014
custody case proceedings have been stayed by supreme court . wait for stay to be vacated by SC

Devajyoti Barman (Expert) 13 April 2014
Your custody case will be transferred. it lies only in court where child ordinarily resides.

Dr J C Vashista (Expert) 14 April 2014
The case will be transferred as prayed by your wife, however, you can contest in Supreme Court also, with specific submissions of difficulty in visitation of the minor child.

Rajendra K Goyal (Expert) 14 April 2014
Let the outcome from SC come, the case is likely to be transferred. Stay is effective from Supreme Court on custody case.

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