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Question pertaining to jurisdiction for filing child visitation


01-Jul-2023 (In Divorce Law)
Respected Sirs,mine is a peculiar matrimony case,I am husband with love marriage with wife from chennai in 2020,but I am resident of Kolkata,my wife is resident of chennai,last year girl baby was born,immediately we both developed some misunderstanding & wife gone to her parents house in chennai,I was working in chennai and we was staying in rented house chennai,since reconciliation was not possible,wife continued stay in her parents house in chennai,meanwhile I got  job in Kolkata and gone back to Kolkata last December..My wife filed sec 12 domestic violence  case in chennai magistrate in January this year.Now,I come to know that she got job abroad and gone abroad with the child.Now,if I want to file child visitation,can I file it in Kolkata family court  because child passport is having my Kolkata address or is it mandatory to file in chennai since already there is subjudice dv case in chennai,but point to be noted is wife & child are abroad@present.
Answers (3)

Answer #1
526 votes
dear client as per your query you can file for divorce and also can file for custody of the child but as per supreme court order the child below the age of five basically will be in favour of mother yes but you could get specific time to see your child ..
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Answer #2
625 votes
Yes you can file it in Kolkata Court you can ask for visiting the child as the mother should have intimated you before immigrating with the child We can help you with further details on the matter we shall reach out to you or you can contact us for further assistance in the case
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Answer #3
700 votes
absolutely you can file the in your own jurisdiction or you can file is in Chennai as well. bot places are within the valid jurisdiction point. your subjudice DV case pending at Chennai will not be a bar to filling this case at your own jurisdiction.
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