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Alok Motan (Advocate)     30 March 2010

jurisdiction in custody case

Dear All

pls tell me where/what  would be the ordinary place of residence of a child, if the wife has left the matrimonial home of the husband and has started living with her parents in some other state and has got the child admitted in some school where her parents resides....

i have filed a custody petition on behalf of husband, where the husband resides, but the wife has got it transferred in that state where she is residing with her parents at present, along with the child...... the transfer order was obtained from HC of that state where the wife is living now a days...... in my custody petition the wife was proceeded ex-parte and ex-parte evidence was lead....case was reserved for orders/consideration, when suddenly on the date fixed i got to know the case has been transferred vide HC order.....

i was not given any opportunity to appear before the HC, no notices were issued to me while deciding the transfer application of the case....can i go for review of HC order ...???

details of the case : trial court ordered wife ex-parte on 2.03.2010, ex-parte evidences were lead on 22.03.2010, case further fixed for final arguments for 29.03.2010.........on 29.03.2010 trial court transferred the case vide HC order dated 12.03.2010... and i came to know about the transfer order on 29.03.2010 itself...!!!

 

Pls give ur valuable suggestions...urgently......



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