Ashok Vardhan 05 November 2022

ordinary residence of minor

I (husband) am living in Chennai from childhood, Wife native place Nellore, Andhra Pradesh. After marriage wife came to Chennai and due to issues, she left house from Chennai and took only son to her native place. We got divorced in Chennai.

For the Custody of Child, where to file the petition, Chennai (matrimonial house) or wife native place , Nellore (where the current residence of Child).

Guardian and Wards Act,1890, Section 9 specifies "Ordinary Residence of Minor" is the Jurisdiction.
https://indiankanoon.org/doc/637664/ (Hon'ble Supreme Court Judgement)

Can you tell me the Jurisdiction to file the case ?

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2 Replies

Advocate Bhartesh goyal (advocate) 05 November 2022

You have to file petition for custody of child at the place where child is residing presently . Nellore is the right place to file petition.

Ashok Vardhan 05 November 2022

If we search google "ordinary residence minor", we will get the below quotation.

The paternal family house or the family residence (Matrimonial house) may normally be taken to be the place of ordinary residence of the minors as well. Its given in most jugements.

https://indiankanoon.org/doc/637664/ (Apex Court Judgement) also specifies the same.

But most advocates say that Child persent residence is the jurisdiction. Don't know hence started discussion