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CHILD CUSTODY MATTER (AUSTRALIA VS INDIA)


13-Dec-2023 (In Divorce Law)
I am in australia (sydney) and have a child custody mattter in australia family court. i want proceedings in india (ghaziabad) family court and initiated a case as well in aug 2023 but my ex wants proceedings here in australia only. how i can stop proceedings here in australia and can take child to india for child custody proceedings? she is not allowing child travel to india. All parties are indian citizens
Answers (3)

Answer #1
851 votes
It's a complicated issue. In that case, jurisdiction does matter, so if children are living there, then how Indian Court pass order for child custody? It's a subject matter of the Australian Court so only that court will decide the custody order relates to children.
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Advocate Anurag Bhatt

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Answer #2
799 votes
जहां पर बच्चा होता है, भारत में कानून के मुताबिक हिरासत में रखा जा सकता है अभिभावक और वार्ड अधिनियम के हिसाब से क्षेत्राधिकार बही का होता है जहां पर बच्चा होता है ज्यादा जानकारी के लिए एपी मुझे कॉल कर सकता है या ऐप मेरे कार्यालय पर आकर अपने समस्या का समाधान कर सकता है
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Advocate Sushil Kumar Kanaujiya

Adv. Sushil Kumar Kanaujiya

LawRatoGhaziabad | 100+ Answers
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Answer #3
635 votes
on the above mentioned query the legal opinion is that at the time of filling a case for child custody the jurisdiction is where the child is usually reside (as per Guardian ship and ward act 1890) . so, in India the case for custody is not maintenable because as per your query the child is resided with her mother in Australia.
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Advocate Ankit Gupta

Adv. Ankit Gupta

LawRatoLucknow | 400+ Answers
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