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Jurisdiction of child custody


01-May-2026 (In Divorce Law)
I and my wife working in govt employees in one district. I got divorce on the ground of cruelty and deseration, my wife left child age of 12years in her parents home at Bangalore Since 6 year.Now I confused where the child custody jurisdiction please suggest me..
Answers (5)

Answer #1
874 votes
Custody jurisdiction lies where the minor ordinarily resides — Bangalore Family Court, since child has been there 6 years. File guardianship/custody petition u/s 7 & 25 Guardians and Wards Act, 1890. Welfare of child is paramount; child's wishes (age 12) carry weight.
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Advocate Prashant Tennali

Adv. Prashant Tennali

LawRato Vijayapura | 5+ Answers
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Answer #2
774 votes
Dear Sir in matters of child custody in india the legal jurisdiction is primarily determined by the place where the child ordinarily resides according to the guardians and wards act the court that has jurisdiction over the area where the child is currently living is generally considered the appropriate forum for filing custody petitions since you mentioned that your child has been living with your wife parents in bangalore for the past six years that city is likely the place of ordinary residence for the child therefore it is highly probable that you would need to initiate the custody proceedings in the family court having jurisdiction in bangalore
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
672 votes
Sir As per your issues stated above, jurisdiction of the child custody is child residing jurisdictional court. for filing a child custody petition and other legal assistance feel free to call me. Shashikumar.K.Advocate
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Advocate Shashikumar K

Adv. Shashikumar K

LawRatoBangalore / Bengaluru | 5+ Answers
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Answer #4
933 votes
sir as per the section 9 of guardians and wards act the case should be filed where ordinarily the child resides, as your child resides in Bangalore with your inlaws the case should be filed in Bangalore and also the case should be filed against all three your wife and her mother and father claiming custody and other reliefs.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRatoBelgaum | 25+ Answers
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Answer #5
983 votes
Jurisdiction lies where the minor “ordinarily resides. The Supreme Court in Ruchi Majoo v. Sanjeev Majoo held:Ordinary residence” means place where the child has been living for a considerable time with stability
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Advocate Babita

Adv. Babita

LawRatoBangalore / Bengaluru | 200+ Answers
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