A.N.VERMAS (lecturer ) 01 August 2015

Custody jurisdiction under exceptional circumstances ?

RESPECTED SIR,

I HAVE A SON OF 9 YEARS WHO IS SUFFERING FROM SOME DEADLY DISEASE. THE SECOND SON 3 YEARS OLD IS WITH MY WIFE. I HAVE NO ONE IN MY FAMILY TO TAKE CARE OF MY SON. MANY A TIMES I AM TO VISIT HOSPITAL FOR EMEGANCY SITUATIONS. I HAVE A STRONG MEDICAL RECORD.I WANT TO FILE CUSTODY FOR MY SECOND SON ALSO. DIVORCE CASE IS ALREADY RUNNING IN MY CITY .

1. CAN I FILE CUSTODY IN MY DISTRICT COURTS AS I CAN NOT GO TO HER CITY ?

2. ACT FOR PERMANENT CUSTODY ?

3. UNDER WHICH ACT AND SECTON VISITATION RIGHTS ARE TO BE SEEKED ?

4. ANY OTHER GUIDANCE WOULD BE HIGHLY APPRECIATED.

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prabhakar advocate (advocate) 01 August 2015

In the pending divorce proceedings, you can file application under Section 26 for the visitation as well as custody of the child. The orders passed under this Act will have temporary effect till the divorce case is decided. Otherwise under Guardian Act, you can file custody petition u/s.17 of the Act and for visitation an application u/s.12 of the Act. But it shall be filed only in the place where the child ordinarily resides.