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Child custody and Divorce issue
25-Dec-2023 (In Divorce Law)
Hello Sir/ MadamnIts been 7 yrs to our marriage and my wife has filed a child custody case against me. I have a 5 year old daughter. My wife has taken my daughter to her native place in tamil nadu without my consent. Although her and my daughter's permanent residential address is mumbai but still my wife has gone to Tamil nadu at her relative's house and filed a case of child custody and divorce against me. Although she has made various fake complaints against me like physical abuse, not contributing to family expenses and not taking care of the kid; I have all the proofs in my favor with bank statement (80 percent of expenses incurred by me), images and videos of various occasions like travel, fun time, temple visits etc with my family. My wife also wants to move out of India with the kid which I want to stop. Both the cases has been filed in Tamil nadu court. Can I appeal to shift the case to Mumbai and how can i get custody of the kid? I do not want to divorce. Please assist.
Well, you can get the case transferred to Bombay. However, for that, you have to file a Petition in Supreme Court of India, as the power to transfer a case from one state to other state lies with the Supreme Court of India.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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Apne teen Sawal Kiye Hain .
pahle Sawal ka answer hai aapka case Mumbai mein transfer Nahin hoga because Jahan per ladies case file karti hai Usi Jagah per case final hone Tak aapka petition banaa rahega .
second Sawal hai aapka 5 year old bacche ki ,child ki custody yah bhi Prima facial impossible hoti hai Lekin Yadi circumstance shabit kar dete Hain, uski mummy ladke ki , child ki care nahin kar sakte , mansik Rugn hai income thik se nahin hai ,layak Nahin Hai Parvarish karne mein aur bhi bahot Karan hai ... Aisi halat mein aapko custody mil sakti hai uske liye aapko Hindu Marriage Act section 26 petition file karna hoga ya unhone file Kiya hoga usme apko SAY dena hai.
third number aapko Divorce Nahin chahie to Hindi Marriage Act section 9 me application file kar sakte hain Lekin unhone Jo divorce petition file Kiya Hai vahan per bhi aapko apna s a y file karna hai.
Jada janakri ke liye apne expert ki ray lijiye.
thanks
pahle Sawal ka answer hai aapka case Mumbai mein transfer Nahin hoga because Jahan per ladies case file karti hai Usi Jagah per case final hone Tak aapka petition banaa rahega .
second Sawal hai aapka 5 year old bacche ki ,child ki custody yah bhi Prima facial impossible hoti hai Lekin Yadi circumstance shabit kar dete Hain, uski mummy ladke ki , child ki care nahin kar sakte , mansik Rugn hai income thik se nahin hai ,layak Nahin Hai Parvarish karne mein aur bhi bahot Karan hai ... Aisi halat mein aapko custody mil sakti hai uske liye aapko Hindu Marriage Act section 26 petition file karna hoga ya unhone file Kiya hoga usme apko SAY dena hai.
third number aapko Divorce Nahin chahie to Hindi Marriage Act section 9 me application file kar sakte hain Lekin unhone Jo divorce petition file Kiya Hai vahan per bhi aapko apna s a y file karna hai.
Jada janakri ke liye apne expert ki ray lijiye.
thanks
Helpful?
Adv. Vishwanath Baburao Tayade
Kalyan | 25+ Answers
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Well, if you need legal aid, you have to remain ready to get evaluated for your income. There is no legal aid for Middle Class people. However, our Judiciary provides legal. aid for poor people or for people who are below the poverty line.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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