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Prakash Yedhula (Lawyer)     15 July 2008

Jurisdiction in child custody cases

Is there any recent judgment of the Supreme Court which stipulates that a case for custody of child can be filed only within whose jurisdcition the child resides?


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 11 Replies

Ajay kumar singh (Advocate)     16 July 2008

Sir,with due regard I would like to say that even in a case of custody of a child,obviously the child would not be a party rather the case will be against the person in whose custody the child is.So, where the chid resides does not matter. I will be gratefull if you opt to enlighten me further in this regard.

Srinivas.B.S.S.T ( Advocate)     16 July 2008

Prakash Sir,  eversince i joined in this forum i have been an admirer of you for your versatile legal knowledge and immense expertise. As such i literally grab this oppurtunity to reply to your querry. 



while
deciding a case reported in 2003(1) AIC 257 All.  Anima Gupta
Vs Tarun Kumar Gupta. Though it was admitted that at the time of
application the minor was  residing at Gauhati with brother of
his mother, it was held that application for custody was not
maintainable in courts at Ghaziabad and such application shall be filed
at courts of Gauhati only.



But
in a judgment reported in AIR 2005 P&H 237 it was held that though
the minor is residing elsewhere the mother of the minor can file an
application at her place of residence as the minor who is below five
years of age has to reside ordinarily  with mother, as such the
application filed by mother at her place of residence can not be
rejected on the ground that the courts at the place of minors residence
alone have jurisdiction. 



If you want more latest judgments please let me know. Hope my reply has resloved your query satisfactorily.



I am sorry to say that the view expressed by Sri. Ajay Kumar Singh is totally misconceived. 

Manish Singh (Advocate)     17 July 2008

Dear Mr Srinivas,


thanks a lot for this info since its quite valuable for me also as i m working in a similar kinf=d of case.


Could u please provide any SC judgment interpreting the term ordinarily resides under sec 9 of the wards act. 


thnks once again

Kanhaiya Singh (Advocate)     17 July 2008

 


Sir, in AIR 1961 SC58 it was held that the term "Ordinarily" does not require that the minor should be present at such place everyday. In AIR 1983 Bom 242 , relying upon AIR 1982 SC 3 it was held that " Residence may be transitory or permanent.Former is a casual residence.Latter connotes the place where for all practical purposes a person is expected to be ordinarily found".

Srinivas.B.S.S.T ( Advocate)     18 July 2008

nice go sir, your contribution is very much precious.

Srinivas.B.S.S.T ( Advocate)     22 July 2008

I doubt whether the person who started this debate has seen these replies or not?

shubho (11)     22 July 2008

Hello Sirs


Request your help in letting me know of some cases in which fathers were given custody of girl child.


regards


Shubho


 

Srinivas.B.S.S.T ( Advocate)     22 July 2008

Dear Shubo! A father can not be given
the custody of the girl child until she attains puberty. As our law
makers thought that a girl cannot share the doubts about the changes
that will occur in her body prior to and during puberty, they have made
it clear that the father can not be given custody of the girl child
until she attains puberty.

Ajay kumar singh (Advocate)     24 July 2008

With all regards I have to say that the comment of Mr. Srinivas about my opinion appears to have been made in utter haste. In my view ,the words "child" and "ward" are two distinct things.Similarly, the words"custody" and "guardianship" can not be used in same context. The Guardians and Wards Act is about the custody of a "ward" and not of a "child". I think we should not lose sight of the provision of section 26 of the Hindu Marriage Act and similar provisions of other personal/family laws.

shubho (11)     22 September 2008

Yes Sir .. Thanks for your advice . I am ardent folower of cases . Thanks a lot for your advice.


 


regards


(Guest)

Sir, I have filled S. 26 HMA as well as S. 12 GWA and S. 25 GWa suits against my wife. S. 12 GWa has been disposed of finally with granting me visitation for 1 hr. on 1st. and 3rd. sunday of wach month at Ld. Duty MM Court (sunday's). Now, S. 26 HMA as well as S. 25 GWa are proceeding. I wish to know my purpose is for custody of child physically and or shared paranting with one party getting final custoday and other party getting shared custody wher ein all important decisions for child to be taken jointly. This is my purpse to file different Acts applications.


What you observe in terms of my progress and what I should I do or what the court will see as inference or favourable outcome in above circumstances????


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