mrindia (proproitor) 15 March 2015
dear experts ,my marraige took place in nagpur ,my son was born in nagpur and he was studying in nagpur.
after separation of 1 year my wife living in delhi,but my son is not admitted to any school.got visitation under section 21 of DV act but she has appealed the order.
where should i file custody case?
in nagpur it will get transfered.how long will that take?
in delhi how much time it will take to pass interim orders
thanks
Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 15 March 2015
kilimanjaro (md) 20 March 2015
You file custody in ur city do this ASAP before your wife files the same in her city
all the best , don't waste time , make ur wife run to ur place, keep asking for short dates
if she miss coming then ask for exparte
hema (law officer) 20 March 2015
The custody case lies where the child ordinarily resides. As the child has born in Nagpur, staying and studying in Nagpur, the case lies only in Nagpur and not in Delhi. If you file case in Delhi, it will be dismissed for want of jurisdiction. Do not waste your money by filing in Delhi. AND ALSO DO NOT FOLLOW IDIOT ADVISE GIVEN BY IDIOTS HAVING NOT AN IOTA OF LEGAL KNOWLEDGE.
Respected Website Manager, When will you take action against these quacks to give wrong legal advice to the innocent litigants come on this site to get legal advice?
Rakesh Agr (fighter) 27 October 2015
if the child is residing in Delhi for last 1 year then file in Delhi. You need to decide whether you want your kids custody and meet them or you want to harass your wife. After one year ordinary residence has become delhi.
Judges look into all these angles and then decide custody. It is not simple. how much attachment, sacrifice love etc will matter
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