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Clarification on place of filing case regarding child custody
29-Mar-2023 (In Civil Law)
I am a divorcee with two children(both are staying with my ex wife now). We use to live in Kolkata before divorce and both the children are born in Kolkata and has birth certificate with my name as their Father. After Divorce, My wife remarried a guy and settled in Mumbai. She changed their Father's name from my name to her new husband's name(Which i got to know through RTI, Kolkata), without taking my consent and without adopting them. I would like to know, If i can file a case in Kolkata High Court or if not then under which jurisdiction the case can be filed. Please Advice as your advice will be of great help.
you need to file the case in the place either the child reside or the mother reside. The main consideration is on the place where the child reside as per the childs and wards act. so you will need to move the Mumbai Local court within whose jurisdiction the children reside.
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Adv. Abhijit Chowdhary
Kolkata | 25+ Answers
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Dear client, since your consent has not been taken and no adoption has been made on part of your wife, you can file a petition for guardianship before the District Judge at Alipore alleging your grievance.
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Adv. Amit Bandyopadhyay
Kolkata | 25+ Answers
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Hello,
First you should file a case in a District Court having jurisdiction over the area you are residing in. Did you decide anything regarding child custody at the time of divorce? The matter should be discussed in detail to give you accurate advice.
First you should file a case in a District Court having jurisdiction over the area you are residing in. Did you decide anything regarding child custody at the time of divorce? The matter should be discussed in detail to give you accurate advice.
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Please let me know whether custody of children granted by the designated Court of law to your ex -wife.If yes, you are bound by the order(s) of the Court of law, unless you have filed petition challenging such order(s) in the appropriate superior court of law.
However,if custody of children decided by mutual consent with agreed upon terms & conditions, violation of such terms & conditions can be legally addressed to.
Without perusal of the relevant documents no opinion can be offered from this end.please contact Lawrato in the matter.
However,if custody of children decided by mutual consent with agreed upon terms & conditions, violation of such terms & conditions can be legally addressed to.
Without perusal of the relevant documents no opinion can be offered from this end.please contact Lawrato in the matter.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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MY OPINION THAT i read your matter carefully , and i think that you have many options ,you have priority to file case at Calcutta High court & you can have the scope to contest the issue,if they are not legally recognized the children so you have can get the chance.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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