Child custody
khan F
(Querist) 14 July 2018
This query is : Open
Dear All,
Respected Law Person's
Kindly suggest us where my elder brother apply to legal custody for his twins baby boy, right now one is living with him and another one is with her mother, and she is living in her parental house, both child is student of nursery class in well reputed St. Diocesan Junior High school , one child is going to school and another one is not going school, because our sister in law is not sending him school,
Dr J C Vashista
(Expert) 15 July 2018
Where ever the child (minor) is residing that District Judge has the jurisdiction.
Kumar Doab
(Expert) 15 July 2018
GO thru the provisions of enactments and precedence’s that have just not built on jurisdiction but also on welfare of child…
The other child is not being sent to school..
It is not in concurrence with principle of welfare of child.
Application shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.
Kumar Doab
(Expert) 15 July 2018
GO thru;
Guardians and Wards Act, 1890;
9. Court having jurisdiction to entertain application.-
(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.
http://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=270&lid=708
Kumar Doab
(Expert) 15 July 2018
And
Delhi High Court
Sanjeev Majoo vs Ruchi Majoo on 8 March, 2010
By this petition, the petitioner has assailed an order dated 4th April, 2009 passed by the District Judge III (West) whereby an application of the petitioner for dismissing the Guardianship Petition filed by the respondent on the ground of territorial jurisdiction was dismissed.
9…. "Ordinary residence" does not mean a residence which will become ordinary residence in future because it is forced on the child by either mother or father.
12… 29. We are satisfied from the materials produced before us and the submissions made on behalf of the parties that the High Court did not commit any error in relying on the doctrine of Comity of Courts since the question of what is in the interest of the minor still has to be considered by the U.K. Court and the interim order passed in the proceedings initiated by the Respondent No. 1 is only of an interim nature with a view to return the child to the jurisdiction of the said Court.
https://indiankanoon.org/doc/82905574/
Kumar Doab
(Expert) 15 July 2018
And this matter decided by Apex Court;
Supreme Court of India
Ruchi Majoo vs Sanjeev Majoo on 13 May, 2011
Bench: V.S. Sirpurkar, T.S. Thakur
https://indiankanoon.org/doc/637664/
Also other cases e.g;
Delhi High Court
Manish Sehgal vs Meenu Sehgal on 26 July, 2013
Author: Manmohan Singh
16. It is settled law that the place of residence at the time of the filing of the application under the Act does not help to ascertain whether a particular court has jurisdiction to entertain the proceedings or not. The moving of minors from one place to another and consequently from one jurisdiction to another does not help the party who raises the plea of jurisdiction. The main question i.e. whether the minors were ordinarily residing in any particular place has to be primarily decided on the facts of the particular case.
https://indiankanoon.org/doc/174484178/
Kumar Doab
(Expert) 15 July 2018
And
Delhi High Court
Surjeet Singh vs State & Another on 27 April, 2012
Author: V. K. Jain
12. For the reasons stated hereinabove, we are of the view that it is not a fit case for exercising our extraordinary jurisdiction under Article 226 of the Constitution by directing respondent No.2 to either return to New Zealand along with children or to give custody of the children to the petitioner. It would, however, be open to the petitioner, if he so desires, to apply to the appropriate court in India seeking custody of the children.
However, in order to ensure that the petitioner is not deprived of his legitimate right to be in the company of his children
https://indiankanoon.org/doc/194224681/
Then there are many decisions by family courts also..
Kumar Doab
(Expert) 15 July 2018
You may preferably discuss the matter in person with all related docs and in details with your own or another very able LOCAL senior counsel of unshakable repute and integrity specializing in family/civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….
Check for such counsel at LOCAL, Family/Civil Courts, HC, SC,..
Another Perspective; Crease al differences and save the marriage and if all efforts have failed settle all issues amicably…The other spouse may also revolt and agitate ..
Wish you the very best.
Guest
(Expert) 15 July 2018
Good show by 6 posts in continuation by an expert, as of a number game, but without any specific advice!
Kumar Doab
(Expert) 15 July 2018
Same poorest in the poor show by good for nothing IT an entity that doesn't matter. Surprisingly IT has not repeated 8-10 times and blamed LCI and service provider....... a pick up from fiction and movie like 'Blame IT on Rio'.
Guest
(Expert) 15 July 2018
Touts of lawyers are thick skinned fellows.
Guest
(Expert) 15 July 2018
Best way is to move with wife in love and affection manner. Getting custody of another child is impossible. You may lose child custody of the child which you have with you in a legal battle.
Adjustment should be best policy. For good of children and yourselves.
Both the above useless fellows have not suggested you this.
If you decide to fight legal battle, you will lose only money and peace of mind.
You can take care of 2 childs? perhaps your mother will look after them. Or some aayah.
That is not what family life is about.
Women are adamant in nature, you have to adjust intitially if you want married life. Or else each woman will spoil your life by going and sitting in fathers house and wont return.
Court cannot make your wife come to you or give you your child from taking out of her hands.
Please understand. You rejoin with wife and child for sake of your own good. Or ram and shyam story happens, which is not good for anyone.
