koustubh bhide 09 July 2019

jurisdition

what is the jurisdiction of court to file case for custody of miner child? husband resides pune. wife resides mumbai. minor child is in custody of husband. wife wanted to file custody petition of minor child in mumbai. can she file in mum. because presently minor is at pune with husband

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4 Replies

Priya Yadav 09 July 2019

Generally, once a court has jurisdiction, that court will keep jurisdiction, even if you move to another state. If you have moved, you can ask the court that issued the original order to change thejurisdiction to the new state that you are in.

P. Venu (Advocate) 09 July 2019

How is it that the father has the custody of the child?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 09 July 2019

Custody petition to be filed at husband place court jurisdiction because child is with husband.

Adv Rohit Dalmia 9324538481 (Lawyer) 13 July 2019

Koustubh!

As per Sec. 9 of the Guardians and Wards Act 1890, the jurisdiction of the court for claiming custody of the monir child would be the place where the child are presently residing at. In this case it is pune.

Hence, Wife needs to file the petition at Pune.

Regards

Adv. Rohit Dalmia

9324538481