A husband filed for divorce against his wife which was granted ex-parte from family court Bandra at Mumbai. But there was no mention of Issue being a child which at the time of divorce was staying with the wife at her fathers house. The husband then remarried and in the mean time his ex-wife expired due to some illness. Now the Husband though remarried wants custody of the child from his previous wifes mother and father. The child is now above 5 years.
In this case What should be done ? whether to approach the family court for custody or to file a petition in the high court for custody.
Help me out with appropriate enactments and judgements....!