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My wife is died in 9 August 2020 ambikapur (CHATTISHGARH) and therafter 304 B ipc has been registere


23-Mar-2023 (In Child Custody Law)
My wife is died in 9 August 2020 ambikapur (CHATTISHGARH) and therafter 304 B ipc has been registered against me.we have one son who is 6 year old and residing with my wife's parents since his birth due to her job in CHATTISHGARH. My son is also in full influence of my wife's parents and his uncle.Can I file for my son custody from anywhere in India as If I file for his custody from there it will increase my problems only.
Answers (2)

Answer #1
920 votes
hello client hru . as i can read ur issue is really very much painfull that your own childbis nit living with you . in this matter yes you can file the case for child custody in the court if law but as ulyour child is living in chttisgharh with your inlaws since his birth time . in this matter you should have to shiw all the documentation so tht first i have to analyse the thing where proper juridiction arrise yo file custody case.
Answer #2
582 votes
Child custody can only be filed where the minor child is residing. However you can initiate the case in the city of your son and can later get transferred to you city by filing a transfer petition in the Hon’ble Supreme Court if it is inter state transfer or High Court if it is Intra state transfer, stating exceptional circumstances and can get the matter transferred in you city. But initially it has to be filed in the place of the minor residence. Feel free to contact for any further legal assistance.

Thanks

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