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N Omprakash   19 September 2026

Child custody petition

Dear sir/s, 

Wife got  exparte divorce decree, in Hyderabad recently. Wife and child in USA now. Can she file petition for child custody in Hyderabad. It is required for ensuing school admission, single parent. Power of attorney to her father in Hyderabad. Need guidance. 

Thank you. 



Quick Summary
This discussion addresses whether a child custody petition can be filed in Hyderabad when the child and mother are residing in the USA, despite an ex-parte divorce decree obtained in Hyderabad. The primary concern is territorial jurisdiction, as Indian law generally requires the minor to ordinarily reside within the court's jurisdiction. While a Power of Attorney might allow for procedural representation, it doesn't automatically grant custody jurisdiction. It's advised to examine the existing divorce decree for any custody orders and consider obtaining necessary documentation from the mother for US school admissions, rather than pursuing a potentially non-maintainable Hyderabad case.

 4 Replies

Advocate M.Bhadra   19 September 2026

  • 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.

 
 
 
 
 
 
 
 
 

T. Kalaiselvan, Advocate (Advocate)     19 September 2026

Yes she can file child custody case at Hyderabad.

P. Venu (Advocate)     19 September 2026

The query suggests deeper issues. Please post completes facts.

Dr. J C Vashista (Advocate )     21 September 2026

When the child is with the mother, why does she require custody from the Court?

What are the terms and conditions in the judgment/decree qua custody of the child ?

The custody  case of the minor can be filed in Hydrabad.

Incomplete and vague facts vis-a-vis query.

What is the opinion and advise of the lawyer engaged by you?

 


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