ANEESH TRIVEDI (ADVOCATE) (Advocate) 02 October 2012

Where to file visitation or child custody

Husband want to file a child custosdy or visitation case:

Question:---

[1] where to file case? where the wife living with child or where from she left husband house.

[2] when 498A still running at husbands place, can husband filed in that?

[3] husband knows child is minor i.e girl of 2years natural guardian is mother court will not give custody,

so he will go for only visitation suit or for custody case which will be better or say profitable?

[4] if he file visitation now then when he will have to go for custody case after getting visitation right?

[5] if husband file divorce case then will it be helpful in child custody / visitation case?

[6] how much timeapproximately the court take to decide or to give visitation right ?

these are common question but are important .

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5 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 02 October 2012

visitation of child custody is different you can file at family court .

ANEESH TRIVEDI (ADVOCATE) (Advocate) 02 October 2012

ok sir family court but which family court :

[1] where to file case? where the wife living with child or where from she left husband house.

Ravinder Kaushik (Proprietor) 02 October 2012

you can file case in the distt. court where the minors ordinarily resides.

the ordinarily residence is a place where the minors should reside and it is not a place where the minors are residing at the time of presentation of petition.

in my view where the minors were born, where minors are having ration card, where they were residing with in joint family. in this case time is also important, means from how long minors are away from father and alongwith mother and in what circumstances mother left matrimonial house etc are also important

ANEESH TRIVEDI (ADVOCATE) (Advocate) 03 October 2012

minor born on 5/5/11 and her mother took her on 8/06/11 since then she is with mother , mother is not allowing to see her to fathere on 26 oct he met with them since then till now not ,

mother tell to father "ghante do ghante mil kar kya ho jayega, uspar bhi mere samne gigidana padega, mai chahungi to hi milaungi nahi to koi jarurat nahi milne ki mere bacche se".

when husband call she say"mera baccha so raha hai , usko distrube hota hai dubara phone nahi karna" etc.

so man is so helpless that he cant do for such type of ladies there must be some law, rule otherwise the natural rule man can apply "jiski lathi uski bhais" but for learned and intelectual this thing dont suits or not appreciable,

that why too much discussion too much thinking is going on ...................................................otherwise kya police kya kanoon ......................"Charan dasi sheesh madye bol vande matram" the last but not least very powerful step.

Raajeev Sampat. (Self employed.) 03 October 2012

1)Child custody application under the guardians and wards act has to be file only where the children presently reside.You may be staying anywhere in the country but for custody you have to file in the family court which comes under the area in which your children are presently residing.The application can be made in the family court under which jurisdiction of the address where your children currently stay.

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