Custody case and court jurisdiction

jurisdiction would be wherre the child resides and sumbit your sons fees from the school etc to prove that he is with you .

But at any cost he would be granted visitation under the same act but at chennai . 

Maintanence for the child is co-extensive and has to be borne by both the parrents as both are working 

Child must be going to school. So the jurisdiction can be easily proved that he resides at that place only. Courts are very serious about jurisdiction issues when child is involved

Yes, the child is attending school. So, I am hopeful I can prove that the jurisdiction is that of Chennai court. It is very difficult for me to travel all the way to Madurai whenever there is a hearing. I have a job and also my school-going son.

But my parents are senior citizens and they live in Madurai. They are also respondents to his petition before the Madurai court. All the travelling and court procedures might prove to be difficult for them. Is there any way I can request the court to remove their names from the respondents list?

Your case would get dismissed as it does not fall under the jursidiction where the child resides . 

Thank you very much for replying. I think I should also bring to your notice that my ex filed for custody earlier also. He filed for custody in Madurai court in 2009, but he and his lawyer would not come to the court. As he was the petitioner, and he and his counsel continued to be absent in the court hearings, the court dismissed the petition. He filed a revision petition in 2009, saying that he was ill and that was the reason he could not appear the court previously. But, again, he failed to appear in the court. So, his petition was dismissed again.

Now, he has filed again. Everything in the petition is full of contradicitons.  First, he says that the child is living with my parents in Madurai. Then he says that he came to the child's school in Chennai  to see the child and the school did not allow him to see the child.

This is just harrasment. Is there anyway I can stop him from filing such complaints? I have to pay lawyers' fees and other expenses. Can I file for damages or ask him to pay my court expenses?

Get certified copy of earlier petittions / dismissal orders and replied file and submit it with new reply and ask for dismissal.

Generally when father files custody they would attend it and ensure to run the case on fast pace. I am wondering what makes him filing custody case every time and then not following it up.. Yours were mutual consent divorce ? No other cases were filed by you on your husband and family ?

Mine was a divorce on mutual petition.

I have certified copies of both the dismissal orders. However, I do not have certified copies of the earlier petitions. I think my lawyer back in Madurai must have it.

As for you question as to why he keeps filing, I have absolutely no idea. I just know that he did not come to the court last time, and the court had no option but to dismiss his petition. I have not filed any complaint against him or his family. It is almost 5 years since I obtained divorce, and I have moved ahead in my life.

My parents are not financially capable of supporting me anymore. They are retired government servants. However, they bought me a house in Chennai, using their life savings. I have a decent monthly salary and I am supporting my child on it.

But, now I have to find fees for the lawyer from whatever I have saved for my son's and my future. It is tough.

The ex's lawyer is a guy who has never seen the inside of a court. That is why I doubt he is just trying to harass and create problems for me. Could you tell me if there is anything I can do to make him stop this? My old parents are also suffering because of him.

@ author 

your are over reacting and getting hypersensitive cool down patience perservance is the need of the hour and everything will get through :-)

See kid is not yours alone . Ask him to come to Chennai. Allow him to play with kid and have a talk across table to find out issue.

experts have rightly advised in this matter. Nothing to write more. Do as they have said

History repeated. He did not appear in court. However, the court has agreed to a hearing on the jurisdiction. In the meantime, is there anything that my ex-husband can do? Can he approach another court? Is there anything we should do?