Legal Question in Family Law in India
Custody of child (jurisdiction of court , place?) India
Can cause of action be the place of residence of father when he demands the custody of the child ? Facts: mother, father divorced. child living with maternal grand parents. mother remarried. father remarried.
3 Answers from Attorneys
Re: Custody of child (jurisdiction of court , place?) India
In a matrimonial dispute the cause of action is : where the marriage took place; or where the parties last resided together as husband and wife; or the place of residence of the respondent. In a custody case, now since both the parties have remarried, the cause of action may depend upon a number of factors; but in any case the courts at place where the child is residing may surely have jurisdiction over the case.
Re: Custody of child (jurisdiction of court , place?) India
depends on number of facts
Re: Custody of child (jurisdiction of court , place?) India
no jurisdiction shall be of teh court where the child resides