Can Child custody matter be part of case of Restitution

Question

Can Child custody matter be part of case of Restitution

11-Mar-2023 (In Divorce Law)

Wife has left home in Mumbai along with 7 yrs child and staying with Relatives home in Ahmadabad from Jun 22 onwards. nnWish to know if can file a child custody case in Mumbai or AhmadabadFurther, planning to file a Restitution case in Mumbai. Can i include the Custody part in Restitution case.

Answers (3)

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Advocate Kuldeep Prakash Bakal LawRato · Accepted Answer · 2023-03-11T19:27:53+05:30

Answer #1

Child custody case can be filed in Mumbai (if it is the place where your child ordinarily resided). You can file a seperate application for your child custody under the Guardians and Wards Act, 1890...

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Advocate Rahul Mishra LawRato · Accepted Answer · 2023-03-12T18:19:15+05:30

Answer #2

You can file the case in Family Court at Mumbai itself since your place of residence is at Mumbai. And yes, you can definitely included the case of child custody in the same petition of Restitution of Conjugal Rights.

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2023-03-15T13:30:17+05:30

Answer #3

Well, you have to file the cases for Restitution of Conjugal Rights under Sec 9 of the Hindu Marriage Act and for seeking Child Custody separately. These issues are different and cannot be covered under the same case. Both these cases for Restitution and Child Custody, you can file in Mumbai separately.

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