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Ramesh (student)     12 December 2012

Where to file custody of child



Kindly guide where to file the custody of child in the present situations.

Wife filed crpc 125, dv act 2005 and 498a from her parent’s home. All are undergoing.

Husband residing where the marriage solemnized i.e. reception held at his native place and phera as usual conducted in wife parental home.

Since all the three cases are in wife city therefore husband desired to file the custody of child from his native place.

How to proceed in the matter?  Kindly also advice what types of objections wife can take and how to nullify her objection, please guide.







 6 Replies

Never Give Up (Fighter)     12 December 2012

Child custody should be filed where child is ordinarily residing. (e.g. Wife's parental home city)

Raj (fr)     04 January 2013

Dear Seniors,

can father file child custody from his place where family last resided together.Is there any law or for the convenience of chldred.Can expartee decree come if mother and her kids are not produced.In what case writ is issued.



MRRpersonality (Knows very little about Indian laws)     04 January 2013

Custody petitions under Guardian and Wards Act are filed only where the child ordinarily resides and only that court has the jurisdiction.  It has no relation to where the child's parents live or their marriage is solemnized or where the family has lived together.

Rahul Kapoor (Legal Enthusiast)     04 January 2013


acc to section 9 of GWA-

If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.



Raj (fr)     05 January 2013

please elobarate "child ordinarily resides"

MRRpersonality (Knows very little about Indian laws)     05 January 2013

Ordinary residence of the child means where the child lives, plays, goes to school, sees the doctors etc.  The word ordinary is used here because one can visit other places (including the non-custodial parent), stay in hotels, go on tours etc, but such places can not be treated as address or jurisdiction for filing guardianship/custody petitions.


In the case of married couple, the ordinary residence of the child is the matrimonial home.


One parent can not change the ordinary residence of the child without the consent of the other parent or without a court order.


Controversy of the ordinary residence arises when the child is moved forcefully or without the consent of the other parent.  

Such cases have to be contested immediately, if not  then in 6 months the ordinary residence shifts to the place where the child has been moved to, and has been admitted in school.


@Raj:  You need to provide more details if you require specific answers to your problem.   Otherwise, it is as simple as the current residence address of the child.

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