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Custody and visitation

(Querist) 17 June 2015 This query is : Resolved 
Sirs,

I had filed case for custody and visitation under Guardians and Wards Act at Solapur District Court, maharashtra last year.

Now after, one year opposite party has filed application that District Court has no jurisdiction to hear this matter. It has to be filed in Family Court, if there is one.

1. is it really so.
2. What is the remedy available to me now.
3. Is there any other law to seek custody and visitation.

Kindly advise.
Devajyoti Barman (Expert) 18 June 2015
The suit for custody is to be filed in the court where the child is residing.
If over the said area the family court has territorial jurisdiction then the case has to be filed in that court only.
So check with a local lawyer.
Mahesh Chavan (Querist) 18 June 2015
Can I get this case transferred to Family Court as it is. Otherwise my whole effort of one year will go waste.

Can they raise issue of jurisdiction at this stage.
Mahesh Chavan (Querist) 27 June 2015
Can I get this case transferred to Family Court as it is. Otherwise my whole effort of one year will go waste.

Can they raise issue of jurisdiction at this stage.


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