CHILD CUSTODY


My Wife left My home with my 8 years old son without his wish and my consent before 2 months. Now she is living with her parents at Mumbai and I am living at Nasik which is my residential place.
I asked some lawers about file Minor Child Custody but they are giving me suggestions different. some lawyers told me to file in Mumbai court and others told that I can file in Nasik.
1. I am confused about court.
2. can i get my son custody if my financial condition is good .
3. Can I give call recordings to courts as evidence related my wife's parental home situations
Please help me.
 
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Advocate

if Evidence stands support then you can file the case in your place , if not , then it must be filed before the other jurisdiction only. So show all relevant  documents to local Divorce lawyer and act  

 
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Retired employee.

Trust professional advocate at your place, and if she has left from Nasik after staying in Nasik for 8 years, you can file the case at Nasik.  You are worried about your son and not stated about continuing conjugal rights with your wife.  One can only present his side of the story, and ultimately the court has to decide with whom the boy should have custody depending on financial support.

 
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Retired Manager

While agreeing with Shri G L N Prasad, I wish to add that Courts decide Child control by estranged parents based upon various considerations, especially financial stability, ability to take care of the child (esp girl child), and most important the opinion of the Child concerned although Minor. In all likelihood, your Son shall be asked by the Court about his choice to live with his mom or with you. Normally, Courts are heavily in favour of the Wife with regard to Child Custody. 

 

Therefore, file a case in your present location with all facts and evidence and seek Child Custody. If the Court rejects on the ground that the case cannot be filed in Nasik, then you have no choice but to file it in the relevant Court in Mumbai, in which case it would be difficult for you to attend the Court with frequent adjournments etc. 

 
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Going by the facts so cited, it is not clear as to what remedy you seek.

at first you need to be clear as to whether your marriage was with a Hindu female or with a female of some other religion in order to determine which act would be applicable to your case.

second as per the undersigned you have two options available

1- if you wish to reconcile with your wife ie if you wish to live with your wife in your matrimonial home you can file a restitution petition

2- if not then go for a divorce ( Preferably a Mutual consent since you can predetermine the aspect of custody by way of the settlement agreement arrived upon between the parties being you and your wide.

reply to queries
1. The aspect of Jurisdiction - you can file a suit for custody at places where the child resides

2. Custody as per judicial precedent is granted as per the interest of the Minor child

3. based on the facts and circumstances of the case.
 
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Sir you can also file habeas corpus petition direct at high court....
 
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Advocate

Custody of child are dealt in Guardians and Wards Act, under HM Act, HM&G Act and in certain special cases Article 32 and 226.

1. If you want to file custody of your minor child, you better file in any Family Court or before the District Court where the minor son for the time being resides. 

2. You will get your child's custody upon Court's order. The Court in this respect will think about the paramount interest of the child. Better to go for contest.

3. Evidences need to be in concurrence with the petition. Therefore please have a paid conference with an Advocate.

 

 
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Petition for custody of child can only be filed at the place where child for the time being resides. In your case your son is at present residing with his mother in Mumbai so Mumbai court has jurisdiction to try and decide your child custody petition.

 
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Advocate

You may file a transfer petition along with the main petition as well. But main petition has to be filed before the District Court or Family Court at where your son resides.

 
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ha21@rediffmail.com Mumbai : 9820174108

AGREE with above Experts advices.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

 
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