Legal Question in Family Law in India

Hi Sir/Madam, I applied for divorce in mutual concern where it is pending disposal

I have 2 years old Baby Boy, She left the place with the boy to Kota Rajasthan, where their parents stay. At present she is not staying with her parents also. Her father is residing in Kawai Rajasthan and she is residing in Kota Rajasthan which is 400 KM away. She is not interested to give the custody of child to me. Her character is not good, she had lot of illegal relationships. I have some of the proofs of it.I have filed a case 25A Guardians and wards act and for Interim Order requesting Visitation rights.

Will the court grant me the visitation rights or cancel it because as she is staying in Rajasthan 2600 kms far from Andhra Pradesh. Or will the court grant me the custody of child. Please guide me.


Asked on 12/02/13, 2:32 am

2 Answers from Attorneys

if you have applied for divorce by mutual consent how come the issue about the custody of the child was not resolved.The court will keep the welfare of the child before granting any releif.

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Answered on 12/02/13, 5:03 am

You need to file custody petition in Rajasthan itself where the child is residing.

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Answered on 12/04/13, 11:35 pm


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