Child Custody Queries
Querist :
Anonymous
(Querist) 21 April 2011
This query is : Resolved
Couple got divorce decree in City A under Sec 13(a)wherein spouse also gave up the custody of minor children. However,spouse later challenged decree as being obtained by fraud and coercion and hence to be set aside. In due course, her case was transferred to City B(her family location) via Hon'ble SC. Proceedings currently on in City B.
Questions is :-
(1) Can she file a separate petition for custody of her children ?
(2) If Yes, where? City A (where kids stay) and city B ( where the case challenging decree has been moved to and currently moving).
(3) Which sections would be most suitable?
Please note following relevant info
(1) Both cities have a family court.
(2) Marriage had happened in both cities - A & B for famliy/logistics reason.
Do let me have your considered opinion.
Regards
Raj Kumar Makkad
(Expert) 21 April 2011
1. Yes.
2. Either of both places.
3. Section 26 of Hindu Marriage Act, 1955, if both parties are Hindus or section 8 of Guardians & Wards Act, 1890, if they are not Hindus.
