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Identify the court with the correct jurisdiction to file the case


03-Nov-2025 (In Divorce Law)
Identify the court with the correct jurisdiction to file the child custody case
Answers (3)

Answer #1
519 votes
Under Indian law, a child custody case can be filed before the Family Court having territorial jurisdiction where either the minor child ordinarily resides or where the respondent spouse resides. If there is no Family Court, the jurisdiction lies with the Principal District Court or Civil Court empowered under the Guardians and Wards Act, 1890 (Section 9) or Hindu Minority and Guardianship Act, 1956. The petitioner must establish that the chosen court is most convenient and in the best interest of the child, as welfare of the child is the paramount consideration under Indian jurisprudence.
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Advocate Pavani Kumari

Adv. Pavani Kumari

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Answer #2
987 votes
hi first need to see the where the child is currently staying and that under which district it would come and the place where the minor child had left the place and under that jurisdiction you could file the present petition
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Advocate Baddam Aravind Reddy

Adv. Baddam Aravind Reddy

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Answer #3
736 votes
yes the place where you last stayed together is the jurisdiction for your filing of child custody or incase if your wife or husband lives outside of India and your present address in india will become the jurisdiction,or if both of you live in india the law always prefer the wife place the present address as jurisdiction for filing a case.
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Advocate Katla Vijaykumar

Adv. Katla Vijaykumar

LawRatoSecunderabad | 50+ Answers
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