Family Matter

Question

► My Wife living seperate from 6 months & has run away from home & took Child 8 yrs old. She has done normal Police complaint in her native place & Filed case in Court in native place another state section 12 DV & 144 bnss. Shall I hire Advocate in her native place or in my city for Child custody as at last mostly the case shall get transferred inspite I filed the case in my city?

Answer 1

Dear Client,

According to Section 9 of the Guardians and Wards Act of 1890, custody petitions must normally be filed in the place where the child “ordinarily resides.” Since the child had stayed in your wife’s hometown for six months, this court will likely assert its jurisdiction. Besides, given that cases under Section 12 (Domestic Violence Act) and Section 144 (BNSS) have already been filed in that jurisdiction, the courts automatically tend to transfer related family disputes to your wife’s jurisdiction for her convenience. Therefore, hiring a lawyer in her hometown would be advisable as he/she will not only fight these pending cases but also file custody applications without applying for a transfer. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Family Matter

1 Answer