Jurisdiction in guardians and ward act (section 9)
Ajay Bansal
(Querist) 03 May 2018
This query is : Resolved
Wife of my client has left the matrimonial house along with the daughter, and went to her parents' house. The matrimonial house is in Saket Court (Delhi) jurisdiction. The wife's parents' house is in Rohini Court (Delhi) jurisdiction. Other facts are:
1. Daughter is above 5 years old, and till now has been living with the father and mother in wife's matrimonial home
2. Wife moved out of the matrimonial home about two months back after over 10 years of marriage.
3. The Wife has filed a divorce petition in Rohini court.
My client wants to file a case under section 25 of GWA for child custody.
Can he file the said case in Saket Court? As per my interpretation the child has been ordinarily residing in the Saket jurisdiction as that is where the child spent all her life uptil recently when the mother took the child to the Rohini jurisdiction. Are there any recent judgements of SC/HCs in this regard.
P. Venu
(Expert) 04 May 2018
The question of child custody could be taken up in the divorce proceedings itself. Law abhors multiplicity of proceedings.
Dr J C Vashista
(Expert) 05 May 2018
It is the Court where the minor is residing at the time of filing of petition (which shall shift to Rohini in your case) since the child is residing there for the last 2 months or so.
T. Kalaiselvan, Advocate
(Expert) 06 May 2018
The child custody case can be filed in the place where the child currently resides for practical conveniences. There is no law restricting the petitioner to file the child custody case from hs residential jurisdictional court.
