Legal Question in Family Law in India

hello,this is bhavna grover.I got divorced in 2013 & the divorce decree says that i have custody full legal of my 3 years old (now 5 yrs) daughter & father has waived of his access rights.

Now,im residing & working in another state,Rajasthan(Earlier Mumbai) .My ex husband has filed petition under Guardian & wards act section 25 for her custody after i left mumbai.I have not received any legal notice from court but know from my relatives that he has filed the case in local session court. Meanwhile he got an job opportunity in Dubai & is residing there for service ,providing his parents the power of attorney for his case in session court.

i would like to know--

-can he get an ex party order & custody right for my daughter?

-does that order is applicable in this rajasthan?do he has to go to family court here & file the case here or order can directly be implemented?

-as im working here & residing here with my parents,he will be granted visitation rights?

--can i give my surname to my daughter with making an affidavit ?

your kind reply is awaited.

bhavna


Asked on 2/21/15, 6:10 am

2 Answers from Attorneys

Dear client as u have sole custody then u can show this fact to the court and court will reject the petition. Only he will get visitation rights. If u not appear in the matter then court will pass ex party order against husband's favor. For proper discussion call me 9422611385 or 8446247807

Adv prasad patil

Pune and mumbai

Family court

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Answered on 2/21/15, 9:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Dear Ms Bhavna Grover: First of all, let me guide you that custody orders are by nature variable with the change in situation. You may also refer to my book on the subject - burning issues on family law in India and may search your answer. However, I have given brief in-line answers to your questions:

-can he get an ex party order & custody right for my daughter?

The court is not likely to pass any order without first hearing you or at least serving notice on you;

-does that order is applicable in this rajasthan?do he has to go to family court here & file the case here or order can directly be implemented?

Normally, in fresh cases the jurisdiction is at the place where the child is residing. However, in your case, since it amounts to modification of previous order, he may approach the same court.

-as im working here & residing here with my parents,he will be granted visitation rights?

Yes, there is possibility of his getting visitation rights;

-- can i give my surname to my daughter with making an affidavit ?

No.

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Answered on 2/21/15, 10:32 pm


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