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498 A fighter (Advocate)     03 September 2015

Custody of daughter

wife staying at her mother house with daughter when she was one month old in june11. say in mumbai before that she was living with husband in nagpur where daughter was born in may11.

wife filed second diovrce sec 13 in mubabi,her first application under sec13 was dismissed by not pressed instruction at that time she was living with husband but 498A is running in bhopal since 2009.

husband won sec09, in 2010,

husband and wife after marriage came to bhopal. where 498A is going on wife appeared for her evidences,

query is [1] what will be juridiction to file a case for daughter custody husband want to file case for custody.

[2] bhopal is the juridication where both came after marriage and there 498A case is running.

[3] Nagpur where she came back after husbnad won sec09 and baby born there and she left from there.

[4] mumbai presently wife is living there with child and filed case under sec13 for divorce......../

note: wife under sec24 says here earning is not enouth she claimed money for maitenance which was refused immeditely on the ground that husband is ready to her back why she is not going to her matrimonial home and second point is that she her self filed divorce application not by husband....

 



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 2 Replies

prabhakar advocate (advocate)     03 September 2015

The child custody case lies in the place where the child ordinarily resides. From your descripttion, it appears Mumbai.

498 A fighter (Advocate)     03 September 2015

@prabhakar advocate

got it thanks , please also clearify if filed case in nagpur can wife apply for transfer at mumbai will it be lenthy process?

if she applied for transfer can husband demand to transfer at third place,,,,,  as he may restrict transfer by showing that wife side will threaten her to beat him, etc etc husband have proof and application given to SP, please do guide here........


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