Child custody petition

• custody/guardianship petition can be filed under the Guardians and Wards Act, 1890, but the main issue is territorial jurisdiction under Section 9(1): ordinarily, the petition is to be filed where the minor ordinarily resides.
• Since the wife and child are presently residing in the USA, merely having the mother's/father's residence or a POA in Hyderabad may not by itself give Hyderabad Family Court jurisdiction. The Supreme Court has specifically held in Lahari Sakhamuri v. Sobhan Kodali that children residing abroad were not ordinarily residing in Hyderabad, and the Hyderabad custody petition was rejected.
• Therefore, filing a fresh custody petition in Hyderabad only for school-admission/single-parent documentation carries a jurisdictional objection.
• If the ex-parte divorce decree itself contains any finding/order regarding custody or guardianship, first examine that decree. It may be possible to seek an appropriate certified copy/order or clarification from the same Family Court.
• A Power of Attorney in favour of the wife's father can be used for procedural representation where permitted, but it does not by itself confer custody jurisdiction on Hyderabad.
• Since the immediate requirement is school admission in the USA, the practical course may be to obtain the ex-parte divorce decree, custody/guardianship order (if any), and an appropriate affidavit/authorization from the mother, rather than filing a potentially non-maintainable Indian custody case.

Important: Please check whether the child was ordinarily residing in Hyderabad immediately before moving to the USA, how long the child has been in the USA, and whether any custody proceeding/order already exists in the USA. Those facts can materially change the jurisdiction analysis.