Child Custody Jurisdiction

@ Author,

Jurisdiction in 'child custody' is purely based on 'ordinarily residence' of child on the date of presenting the said Petition subject to temporary removal read with creating forced jurisdiction and catena of judgments are on this subject. In short where the child is expected to be ‘ordinarily residing’ is taken into consideration.

Reasoning:
1. Your case briefs are slightly different in so as far as possible mother of yet to born child left “ordinarily marriage Jurisdiction” carrying in her womb yet to born child and later child was born at her home place and since then the child is 'ordinarily jurisdiction' of where the child is living, hence any petition / application concerning custody and or visitation shall be filed at where child is presently 'ordinarily residing' and not at your ‘ordinarily residence jurisdiction’.

2. Had the case been slightly different, say child was born at place where you were residing and was partly brought up and then mother along with child left this jurisdiction then the logical 'demand step' was HCP first and then setting Petition / Application for custody / visitation from where the child was 'removed' and your case would have been much stronger. But this is not the case as per your briefs in hand.

To add to that, no point filing for custody of such a tiny child whose survival can not be thought of without mother.

Ur Sec 9 petition is enough signal.

Hi,

 The kid as of now is aboyt 1.5 years. do I gain any benefit by filing child custody anywhere ?

@ Author

1. Legal position is already given above in my first bandwiddth mail. A litigant in India can do anything till Court gives him/her taste of his/her own medicine so restrain to say further irrespective of your reading habits and usage of adjectives on particular gender in a public forum which is read by 'larger public' and shall be subject matter of objections if any accordingly.


2. PEACE MATTERS - If it is in between two districts then she will get it transferred to her district via State's HC route. if it is in between two States then she will again get it transferred to her State’s District via SC filing a TP (C).


3. GYAN MATTERS in case it skipped your reading habits : A S. 9 HMA even a decree is in your favor you can never Executive it against her will, hence she has not yet transferred (and may not be contesting the same in your home turf). Take cue from there.....


4. People (male as in husband) have already got 'visitation' under DV (which is obvious that a wife files) as in a IA filling which I can't stop you to do in her home turf under her DV and as a addendum hint that I can part is that people as in male further as in husband(s)  have got 'visitation' as in a IA filing even under S. 125 CrPC all based on their gyan submissions at Bar (read forceful perceptions) before respective Magistrates Courts.

So now what you want to do !

 @ Author

Last bandwiddth (mixed) gyan:-

1. Custody case is always fought keeping ‘child’s welfare as central pivotal point’ not what you as a father are thinking as in what you will ‘gain’ out of it.

2. “A child” in custody case should always “gain’ not parents at the end of Board.

3. A child always looses at the end of all ‘if any gainful thinking’ cropping by either of his/her parents at any stage till he/she attains majority age.

4. A child is not a toy to trade for one parents ‘gain’ over another parent’s ‘loss’. You as a father should now start thinking in 2-1/2 peoples way instead of “I”.

5. Better to secure future of child on day one when parents in Court and march ahead, if the child is meant to have a father and or mother the child will come to him / her asking ‘are you not my father / mother!” given to understand the fast societal changes happening around……..

6. Advised to forcefully send each month X amount to mother of child for maintenance of child, let her refuse the same. Also submit an IA under your S. 9 HMA to “voluntarily” give maint. without asking (means without demand) of mother under this Act as your brief no where states any maint case of her upon you and or on behalf of child. A father should genuinely show to himself first have maintaining a child then comes issues (maint.) of wife as in mother is reverse thinking of Court when child out of wedlock with multiple suits before them. Get this ‘voluntary’ IA disposed off on first hearing date itself as ex Party showing 100% concern of father of child and ‘maint’ issues of child are never struck down by any Court of the land on trivial Service / Notice to Party and/or barred under technicalities of CPC read with Family Court Act.

Your question is like asking, in happier times of a couple “do I gain anything by producing a baby out of my happy marriage”, hence if I gain then I pop a child and if not then why pop a child enjoy life which is probably escapist thinking?

C’mn man think larger and then act in a positive way irrespective of age of your child, think what he/ she at 1.5 yrs. is thinking of a father and they do start thinking right from womb…………….

Seems like you have gained quite a bit of knowledge by doing whatever you do but feel sorry to say that this comes at a cost of being highly judgemental and you pass on your judgement without even understanding the exact situation (mechanical like indian judicial system) or standard GYAN to use your terminology.

I do not want to get into an arguement about how long the marriege lasted actaully who is in a better position to maintain the child and where the childs welfare is because you being so prejudice in passing on your judgement no matter what I say a standard mechanical reply is gonna your respose.

However, I would like to add that by gain I always ment the welfare of child.

You approach on proactively giving money sounds useful in many cases where the child actually get the benefit of of what you pay her mother. But do you think that that is always gonna happen. If mother and her family members were really sensitive with some humun touch and actaully careful about the future of the child and not money they will not go to the extent of filing False 498a/DV etc on the pretext of going to home town for delivary implicating anybody and everybody who was or wasnt in a domestic relationshop and them pressurize to extort the money. Moneymindedness doesnt go with the sensitiveness and you are talking about welfare of the child with those peopel. I am dealing with those who can go to any level to get back to you. I am also sure that money that I am paying for my child is actually being used by them on alcohal and paying lawyers to further get back to me.

A simple Gyan for Gyani like you: Try to understand the individual situation and scenarios before passing judgemental and you Gyan will be more useful for the people who actually need them