child custody

Question

child custody

11-Sep-2025 (In Child Custody Law)

can i file case at hyderabad for my child custody as my son living with my wife at visakhapatnam she file dvc case on me and i filed divorce case on her st visakhapatnam as i am working at hyderabad i am not able to do frequent travel to attend court cases ,, also my wife has breast cancer she filed maintainence case on me at visakhapatnam only does court consider her health issue if i file at hyderabad where i am residing

Answers (1)

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Advocate Mrudhula Jahnavi LawRato · Accepted Answer · 2025-10-04T07:56:15+05:30

Answer #1

Child custody petitions can be filed either where the child is ordinarily residing or where you, as the petitioner, are residing, depending on the relief sought. Since your son is living at Visakhapatnam, technically custody proceedings are maintainable there. However, you can file at Hyderabad and request transfer/consolidation of cases citing your work constraints and multiple litigations already pending. The court also considers the welfare of the child and the genuine hardship of both parents, including your wife’s health condition. Please connect with me through this platform so I can examine your divorce/DVC case papers and advise whether to file custody in Hyderabad directly or seek a transfer from the High Court for convenience.

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