Legal Question in Family Law in India

I've been married for 17 yrs my husband is a violent man, alcoholic, and drug abuse so one fine day I left his house and came to my mothers house with my two children ip put them in a good school my husband has taken my children to another city how do I get them bacj


Asked on 12/12/13, 10:42 am

2 Answers from Attorneys

did you file any complaint or a case against your husband?? I need more facts to give you advice contact 9312411481

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Answered on 12/13/13, 6:46 pm

You may file an application in the competent Court. The Court which has the jurisdiction to try this application is where the child �ordinarily resides.� Subsection (1) of Section 9, Guardians and Wards Act, 1890, runs as follows: "If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides."

In your case, if the children ordinarily resided in your mother�s place, then the Court of that district would have the proper jurisdiction. However, if the children ordinarily resided in the place of residence of your husband, that Court has the competent jurisdiction.

I would suggest you to get a lawyer to file an application regarding the custody of the children in the Court having jurisdiction to try this matter. You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

www.lawkonect.com

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Answered on 12/15/13, 9:59 pm


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