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son's custody from delhi court while he is with my wife who stays in noida

(Querist) 03 April 2011 This query is : Resolved 
Dear Sir / Madam,
Actually I have an Eight months old son who is with my wife and right now my wife stays in noida with her parrents on the other hand my wife already filed a false 498a against me from noida court so kindlly suggest me that can I filed a case for my child's custody / visitation from delhi court coz I stays in Delhi itself and at the time of marriage I was in delhi only even after marriage my wife was also with me in my delhi home but after one month of our marriage we setteled in noida in neighbouring of my in laws but a dispute occured between us in noida home and since then my wife is with her parrents home and for last one year I have been staying in delhi only.

So kindlly suggest me can I file a case for the custody / visitation of my child from Delhi only.
and I also want to file a case for RCR. Kindlly suggest me as soon as possible. Its very urgent.
Jitendar Kumar gupta (Expert) 03 April 2011
Yes you can file RCR as well as custody case in delhi.
For more details contact
J.K.Gupta ADv.
9868529732
guptajkin@gmail.com
R.Ramachandran (Expert) 03 April 2011
Mr. Jitender Kumar is absolutely wrong.
Since both you and your wife last resided as husband and wife only in Noida, and since she has already filed a case in Noida, you have to file for custody only before the Noida Court and not Delhi Court.


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