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Child custody wrong jurisdiction


09-May-2026 (In Divorce Law)
Hi all, Hindu , my husband filed for child custody of our son who is 2.5 years old now. Baby is with me in Bangalore. We got married in Bangalore, lived together in Bangalore also child was born in Bangalore as well. Now my husband moved to his native which another district in Karnataka . He filed child custody case from his native . Is it correct? I mean is nt he supposed to file case in Bangalore? please suggest me and how much does it cost for transfer? Why should I pay for transfer ?
Answers (3)

Answer #1
579 votes
In the case whereby your husband has already filed the custody case in his native district, you can file an objection/plea challenging the territorial jurisdiction and request that the case be transferred to Bangalore or quashed from that court based on the evidence that child is staying in Bangalore . Or you can get the case transferred to the Bangalore through High court of Karnataka.
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Advocate Babita

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Answer #2
814 votes
child where reside there only file the case like child in bangaluru father file a case at bangaluru only for children custody if they filed any osnother juridiction it is not maintainable so you can file a objectoon to court Or file a. transfer the case from husband place to child residing juridiction you shuld file a transfer petition at high court . this is the way of law
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Advocate Bhagya C H

Adv. Bhagya C H

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
564 votes
Child custody should be filed at the place where child ordinarily resides. You don’t have to transfer the case just file a objection to dismiss the petition or just ignore if the petition itself states that the child is in Bangalore
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Advocate Sandesh K C

Adv. Sandesh K C

LawRatoBangalore / Bengaluru | 25+ Answers
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