abc (account executive) 04 April 2011

son's custody from delhi court while he is in noida ?

author : abc

Posted On
03 April 2011

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.

Reply Follow

6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 05 April 2011

Yes you can claim the custody of the child,

Ravikant Soni (LAWYER IN JAIPUR) 05 April 2011

A case for child custody can only be filed where child ordinarily resides.

Go through Gardianship and wards Act relative provisions as to Jurisdiction.

Harsh (Advocate) 06 April 2011

Hello,
I would be able to assist in your case.
You can further contact me on harshmparekh@gmail.com
I am a practicing lawyer in Divorce related matters in Delhi.
Regards,
Harsh Parekh
Advocate
9971780620 (M)

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 07 April 2011

I do agree with Mr. Soni.

U can file custody in the court in whose jurisdiction the child is residing, or where the child took birth or where the child ever resided.

Ad. Meena (Sr. Lawyer) 10 October 2013

You can claim the custody of the child from where the chid resides. Purpose of RCR is to compale the respondent to resume her matrimonial duties. Apply for child custody along with RCR .

Please find the list of Lawyers in Noida who can help you in this.

Regards

Meena

Ad. Meena (Sr. Lawyer) 10 October 2013

You can claim the custody of the child from where the chid resides. Purpose of RCR is to compale the respondent to resume her matrimonial duties. Apply for child custody along with RCR .

Please find the list of Lawyers in Noida who can help you in this.

Regards

Meena