R. K. Singh (Business) 09 June 2018

Child custody - gma vs hma vs other laws

Dear Esteemed Members

My query is on most appropriate and effective law for filing of custody petition by father. Facts of the case:-

Marriage : 2009 : U.P. (Uttar Pradesh)

Male child born in 2011 : U.P. (Uttar Pradesh)

Place of residence of couple including of child (before dispute) : Haryana

Wife left along with child and start of legal dispute : 2015 (in U.P.)

498A - U.P. - Pending

DV - U.P. - pending

125 CrPC - U.P. (different District due to change of her residence in 2017) - pending

Most of the cases are in first district of U.P. but the child and her mother are residing in another district of U.P. for two years due to change of her residence due to change in her job. Age of boy is now 7 years.

The father is giving maintenance for child for last 3 years as mutually agreed and now wants to file for child custody. He resides in Gujarat. He is about to file for divorce also.

In which State (U.P. / Haryana / Gujarat) and in which Law ( GWA / HMA / HMGA ) the custody petition should be filed?

Thanks & Regards

Reply Follow

6 Replies

Vijay Raj Mahajan (Advocate) 09 June 2018

The jurisdiction of the child custody case that is to be filled under the GWA read with HMGA at the place where the minor is ordinarily resides and that will be UP in the district where the mother and child are presently living.

Rahul Kapoor (Legal Enthusiast) 09 June 2018

Dear Mr. Gupta,

Courts where child ordinarily resides will be having jurisdiction to entertain the matter.

Was there any term mentioned regarding the custody of the child in the MoU executed at the time of Mutual Consent Divorce ?

Regards

kapoor.legal@gmail.com

R. K. Singh (Business) 09 June 2018

Sir

thanks for your replies

the divorce is pending. the husband is about to file for divorce - that he is going to file at a place where the marriage took place (which is different from the current city of residence of wife and child).

Aman chawla (DELHI HIGH COURT ADVOCATE) 10 June 2018

Section 9 of Guardian and Ward Act deals with the jurisdiction of custody matters, the same is as follow

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.

(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property.

(3) If an application with respect to the guardianship of the property of a minor is made to a District Court other than that having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District Court having jurisdiction.

But I would suggest you to file divorce, and along with divorce petition you should file application U/S 26 of HMA act,

it will help you in getting visitation right.

Thanks,

Regards,

Aman Chawla

R. K. Singh (Business) 10 June 2018

thank you dear esteemed members

Have a Heart Foundation (Sales & Mktng) 02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better

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