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Dev Singh (working full time)     09 February 2018

Child custody case jurisdiction when child is overseas

Hello respected member, My son and I relocated to Australia on a permanent residency visa in May 2016.  My wife and I were married for almost 11 years and our son was with us in gurgaon India until he was 7.5 years old. But as stated my son and I relocated to Australia and he is with me here for the past 1.7 years and is going to school in grade 3 and actually doing great.

My wife first refused to come with us in may 2016 but then within 6 months in Dec 2016 filed DV case, followed by FIR in police station with 498a cocktail cases, and in July/Aug 2017 child custody case.

My question is- as my son and I are permanent residents of Australia since May 2016. Can she file the case in India.  Would the gurgaon court have jurisdiction in this case? She filed the child custody case more than 1.3 years after we immigrated here.

Any help and clarification would be very much appreciated!


 6 Replies

Vijay Raj Mahajan (Advocate)     09 February 2018

Jurisdiction of Family Court Gurgaon should be challenged if the Child Custody case under Guardians and Wards Act has been filled because the court where child is usually living has jurisdiction. Contact me as I'm practicing in Family Court Gurgaon for any help.
1 Like

R.K Nanda (Advocate)     09 February 2018

only Australia courts have jurisdiction to try and decide child custody case and not Gurgaon India court.
1 Like

Kumar Doab (FIN)     09 February 2018

Welfare of child is of paramount importance for court.

The child seems to be of reasonably good intelligence.

Court may ask child with whom child would like to stay. 

1 Like

Kumar Doab (FIN)     09 February 2018

It shall be appropriate to seek proper legal opinion in person by showing all docs on record to a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record………..for a considered opinion and to contest the matter in court successfully.

I am sending you a few links and you may pick up the relevant points.

1 Like

Dev Singh (working full time)     09 February 2018

Thanks so much Kumar- your help is really appreciated!

Kumar Doab (FIN)     09 February 2018

You are welcome.

1 Like

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