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NoTit4tat   14 November 2015

Need SC judjmnt on jurisdiction

Dear Sir/Medam, I have filed child custody/visitation rights. Me and my wife stays in the same city. But my wife kept my child at her mother place which is village and my wife created jurisdiction issue saying child is not Bangalore. As we both stay in Bangalore, what kind of right does my wife has to keep my child wherever she wants? And I am looking for any supreme court judgement to counter her jurisdiction point. Please help me to get the the referance , relavent SC JUDGEMENT.I would be greateful to you. Thanks, Mahesh


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 8 Replies


(Guest)

Simply take first bus to mother in law place, take 3-4 goons with you, barge in, take the kid, come back, and let wife keep explaining jurisdiction issues in court.  No court can place you behind bars for kidnapping your own child.  Make full use of this weakness of law. Take decision now, do it and then see how things fall into place.  Take child to court with you only, court cannot do anything.

SAINATH DEVALLA (LEGAL CONSULTANT)     14 November 2015

Officially and legally she cannot give the custody of the child to her parents.She can do so only if she is working and the well being of the child can be entrusted to her parents.What is the age of the child/male or female.What is the status of Ur marital life? U said "CREATED JURISDICTIION ISSUE" can U clarify in detail? U cannot act with force which will invite further legal troubles.Unless U come out with the detailed facts,legal experts can't give U the right solution.

NoTit4tat   14 November 2015

My son age is 4years 6months, at the last stage of exparty order, she filed IA to recall and one more IA saying Bangalore family court does not have Jurisdiction to give such order as child is not in Bangalore and hence dismiss the case I have withdrawn the RCR as she said she will not join me at any cost during her cross and then filed the divorce, divorce is in petioner evidenace stage as mediation is FAILED for the divorce as I did not agree the divorce with out child visitation . Thanks Let me know any more information

(Guest)
Originally posted by : NoTit4tat
My son age is 4years 6months, at the last stage of exparty order, she filed IA to recall and one more IA saying Bangalore family court does not have Jurisdiction to give such order as child is not in Bangalore and hence dismiss the case

I have withdrawn the RCR as she said she will not join me at any cost during her cross and then filed the divorce, divorce is in petioner evidenace stage as mediation is FAILED for the divorce as I did not agree the divorce with out child visitation .

Thanks
Let me know any more information
     

I have already explained what to do, police also cant do anything if you take your child and keep it with you.  It appers that you dont have interest in having child with you.

For people like you govt has built a place called as court hall.  All the best roaming to court halls.  Nothing much can be suggested in your case as you have made all the wrong moves.

NoTit4tat   14 November 2015

I have tried couple of months age the same. But sub inspetctor threatened me to arrest and in th argument with the SI, he says mother is natural guardian and since she is working and could not manitan her job and child she has given mychild to her parents. I told I take AB and take my child , but he says he will take my child fro me and give it to my wife Ultimately I have to give my child to my wife even after taking my child either in the court or in police station I am looking for custody of my child and his welfare as my wife can not maintain her self what can she fulfill my child needs other than making my child anti against father and society with her narrow mind set

NoTit4tat   14 November 2015

In India most of inspectors do not know the law,simply files the cases and send them to court finally itwill be acquittal and accused has to waste his time because of neglegence of inspectors

SAINATH DEVALLA (LEGAL CONSULTANT)     15 November 2015

U should represent the matter in the court but not in the police station.

NoTit4tat   15 November 2015

I feel police should not interfere here even if I take my child from their house correct as long as case is going on in the court ? How can I expailn this to inspector ?

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