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How to avoid change of jurisdiction on application by opposite party
17-Jul-2023 (In Child Custody Law)
My wife took my 6 year old daughter 3 months back to her home on a pretext of going for Holliday and now not returning and even not allowing my daughter to even talk to me over phone i field and intrim custody and in my first order district court orderd her to produce my daughter in court but she dint come and appointed an advocate and asked more time and her vakalat nama says that she like to transfer the case to her jurdiction via Supreme court.. I want to know how easy it will be for her to get a caae transferd via Supreme court as she was living with me here past 10 years and all her documents like aadhar n ration is also from here even my daughter was born here it is her ordinal home.. It will be very difficult for me to travel to allhabad
In this case you can hire a lawyer and file your written statement after the receipt of the notice. Here you can frame your arguments and reasons for not changing the jurisdiction of the case. After listening to both the parties the judge on the merits of the case will decide that whether jurisdiction should be transferred or not.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Look my friend. It is absolutely correct from your ends that, she living with you past 10 years at your place of resident and her documents like Aadhar and Ration Card also shows that she did not from Delhi and also your daughter born at your residential place. But in case of the question of Jurisdiction the Court will follow where the Petitioner presently resides. Not his/her ID Card shows. One person have ID Card from Assam, can stay at Tamil Nadu for his Job purpose and if he commit any offence at Tamil Nadu, then obviously he will punish at Tamilnadu, however, he had no ID of Tamilnadu. Understand it.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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