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Uma Maheswaran (Manager)     28 January 2014

Child custody pettition



My name is Mahesh ,I have separated from my wife 2 yrs back.. In between I went to see my children. My wife used this opportunity to file a 498a case against me,my brother and my parents in my home town. At this juncture I  filed a divorce case and for a child custody case. My children live with their mother in chennai and I live in my native place (Trichy). They numbered my divorce petition and say that I have to apply for child custody where the children reside that is chennai, where she is working in OCF..If I file it in chennai, there is a possibility of transfer of the case to chennai and It will take further 1 yr to visit my kids.

We both hail from the same place and got married in Trichy where she complained in the police station reg dowry harassment and DV

If there is any citation or ruling that I can apply for child custody or visitation where I applied my divorce it will be much appreciated.

Thank you


 2 Replies

M.Sheik Mohammed Ali (advocate)     28 January 2014

you can apply  divorce case either last homestead place or marriage place .

if you want transfer your earlier case to chennai, you can.

you have rights to visit your child at chennai only. or common place.

1 Like

dv (ghvhb)     29 January 2014

You can alternatively file two petitions 1. Let your mom and dad file for child visitation at her homeplace ...let the case run Use supreme court judgement "grandparents are entitled to visitation rights of grandchildren" 2.you on your own meanwhile try to get the custody case transferred. If you fail atleast precious time will not be wasted and you can see your child via your parents. I did the step 2 and today itself my mother got court orders for visitation. Also using the same grounds and some other incidents my mom filed dv which was challenged for maintainability but my mom won on a judgement from delhi high court by honourable justice shiv narayan dhingra. You have to do research and work hand in glove with your lawyer.
2 Like

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