Child Custody Child Custody

2 years ago

My Wife left My home with my 8 years old son without his wish and my consent before 2 months. Now she is living with her parents at Jalgaon and I am living at Nasik which is my residential place.
I asked some lawers about file Minor Child Custody but they are giving me suggestions different. some lawyers told me to file in Jalgaon court and others told that I can file in Nasik.
1. I am confused about court.
2. can i get my son custody if my financial condition is good .
3. Can I give call recordings to courts as evidence related my wife's parental home situations.
Please help me.

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.child was taken from nasik to jalgaon. being 8 yrs he have school also in nasik.
so nasik is also jurisdiction.

financial condition will come in the case.

wife's parental home situations can be some value of evidence but only if they are not good for child.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The child custody case is filed where the child is residing, so in the instant case, at Jalgaon. Your financial condition is not the sole criterion for deciding the child custody case. If the custody is granted to your wife, then you will have to provide maintenance to her to support the child and herself. The recordings will have no impact in the present case.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
You have to file the case of child custody at the place where the child resides, i.e. Jalgaon. You financial custody is not the sole criteria of granting child custody, the court will consider other relevant factors while deciding on whom to grant custody. Call recordings will have no bearing to the child custody case.
If you like my answer please rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.Being natural guardian you can claim custody of child. Case for custody can be filed in court where child reside. So it is jalgaon court only.
1. As such no confusion but lack of knowledge.
2. Mere financial position is not sufficient for deciding custody. Your wife is entitled to maintenance and independent residence also and if child reside with her then she and child are entitled to half of your monthly income.
3. It has no relevance with issue of custody of child.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMutual DV and child custody
Dear Client, As per Section 13B of the Hindu Marriage Act, 1955, any one of the spouses can file the divorce petition with the mutual consent of both of them. Section 14 of the Hindu Marriage Act sta...
question iconLiving separately for 7 years
Dear Client, Living separately for long seven years cannot force your family to live with you against their consent. Even a Court cannot force your family to live with you after a long desertion of se...
question iconChange surname of child of 10 yrs
Dear Client, Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, you cannot adopt the daughter of your wife who takes...
question iconRight to parenting
Dear Client, Your query requires more details to address it suitably. Please revert to us with more details about your query. you can also avail of our paid consultation service to navigate the issue...
question iconGirl child custody
Dear Client, On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves...