where family court will allow petitioner husband to meet kids
2 years ago
In 2020, applicant husband filed for divorce in Mumbai family court as husband & wife were staying separately within Mumbai at different places .
Before that , wife applied for permanent child custody of 2 kids in family court, the matter is pending.
Currently two kids reside with mother (respondent wife).
In May 2021, applicant husband filed application for grant of access of both kids before Mumbai family court. Now, wife is transferred from Mumbai to Pune .
Then at which place will family court allow petitioner husband to meet kids, whether at Mumbai court premises or at Pune, wife's residence ? Please guide in detail
It can be arranged only in Pune as children cannot be brought to Mumbai due to COVID situation. Further, you may get transfer the case to Pune Court since you are transfer to Pune.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
But ye court ka apna vivek hai ki kidhar milne ka permission de.
Court will decide upon that after the hearing of your case. Husband can file a case in Mumbai family court as that is the ordinary residence of the minor. Section 12 of the Guardians and Wards Act, 1890, empowers the Court to make orders for temporary custody and protection of the person or property of the minor.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Section 9 of the Guardians and Wards Act, 1890 makes a specific provision as regards the jurisdiction of the court to entertain a claim for grant of custody of a minor. The solitary test for determining the jurisdiction of the court under Section 9 is the “ordinary residence” of the minor. He can give a petition in Mumbai family court. Court will adjudicate upon this issue after the hearing.
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