Ravindra Malve (Data Recovery Expert) 23 March 2011

Query......Jurisdiction of Family Court

My wife left me 4 months back along with my 6 years school going son.We are resident

of Nasik.She is right now at her parents at Jalgaon.

We tried all possible ways to bring her back,I myself went thrice to advice her but in vain she is fully dependent upon her egoistic parents.Who wanted my son and wife in their custody for looking after them.

So after 4 months I m filing for Child custody under Guardianshp and Wards Act for admission of my son at Nasik.But we have been told that we must file at Jalgaon.In Jalgaon no family court is available like Nasik.

What should I do.I wanted to file in Family Court.

Will Judge consider jurisdiction change in this exceptional case?

Please guide me.

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2 Replies

Tajobsindia (Senior Partner ) 23 March 2011

@ Author

In Child custody suits Jurisdiction of Court is one where a child "ordinarily resides" before its removal or forced shifting or temporary removal. From your briefs I see a Habeas Corpse Petition as well as Police report of removing child from its "original jurisdiction" missing. Hence, sum total in a competent Civil Court of Jalgaon such custody / guardianship petition shall be filed and not in your city i.e. Nasik. Though Nasik District Courts may have a Family Court setup under FCA, 1984 that being besides the point. Jalgaon Court (if any) must be having a Judge incharge looking after Guardianship matters.

Now if you are filing one such Application under Guardianships and Wards Act then specifically use S. 25, 17 and 19 and 12 GWA The Act R/w S. 151 CPC and from day one atleast volunteer to maintain the child irrespective of other (if any) civil and or criminal litigation in between you and your wife and or vice-versa. Leave child out of your litigation. Also include grand parents as co-petitioner in such Petition from day one. That is how child custody suits are fought.

All the best.

Ravindra Malve (Data Recovery Expert) 23 March 2011

What about Family Court Jurisdiction , cant the case get transferred to Nasik?as no FC available at jalgaon.We are feared about delayd proceedings in Civil Court How is the differentiation between Family Court and Civil?criminal?Elaborate please.