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.


Asked on 2/08/09, 4:14 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 2/08/09, 8:46 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Custody of child (jurisdiction of court , place?) India

depends on number of facts

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Answered on 2/08/09, 10:45 am
Nandita Haldipur Haldipur Associates

Re: Custody of child (jurisdiction of court , place?) India

no jurisdiction shall be of teh court where the child resides

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Answered on 2/12/09, 9:02 am


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