Legal Question in Family Law in India

Hi,

My wife has taken my 2 year old daughter and run off to Hyderabad and sent me a one sided MOU from her lawyer stating that she wants a divorce. We are residents of Pune and have been married for 4 years now and have never visited Hyderabad before. She then files an FIR 498 (a) in Hyderabad with the Women's Cell for which I receive a notice promptly. Prior to this I have already filed a complaint with the Women's Cell in Pune and filed for child custody at the Honourable Family court in Pune. My wife has not appeared on both dates and her legal counsel in Pune is trying to change jurisdiction to Hyderabad. The honorable judge has ordered her to be present with my daughter on the next hearing or he will pass judgement.

My question is:

a) Is it possible to change jurisdiction? If so, what is the recommended course of action?

b) What if she does not appear on the date and a judgement is passed? Do I get custody of my daughter? Do I have to physically look for her in Hyderabad? What about the 498 (a) which is lying in wait?

Please advise.


Asked on 3/09/16, 4:13 am

1 Answer from Attorneys

SHIVA SHANKAR REDDY M/S S&S LAW FIRM

let the court pronounce the judgement and after that file a E.P asking the court to implement order passed if in your favour.

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Answered on 3/09/16, 4:20 am


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