Wife Married Another Man. Demand Share in Husband's Property for Child. #thelegalnow

Summary

The transcript details a legal case involving a custody dispute over a minor child. The mother, who ran away with a new partner, is being challenged by the father for custody. The father, a private sector doctor, argues that the child should be in his care, as he has property rights and is the biological parent. However, the issue of jurisdiction is raised, as the petition was filed in the wrong court. The mother resides in Nadia, West Bengal, while the father lives in Singi. The case is complex, involving questions of guardianship, visitation rights, and the child's well-being.

Takeaways

• 😀 The minor child is currently residing with the mother in Nadia, West Bengal, and is 11 years old.
• 😀 The custody petition was filed under Section 10 of the Guardian and Wards Act, 1890, which concerns the custody of the minor child.
• 😀 The father's application for custody was made after a 6-year gap since the mother left with the child, which raised questions about bonding and parental involvement.
• 😀 The mother fled with another man, and the child now lives with her new husband (the stepfather).
• 😀 The father is a private-sector doctor and seeks custody based on the child's welfare and his biological connection to the child.
• 😀 There is no existing visitation arrangement between the father and the child, though the father is willing to arrange visitation rights.
• 😀 The case raised a jurisdictional issue because the father filed the petition in Singhi, even though the child is not residing there.
• 😀 Jurisdiction for the custody petition lies where the minor child ordinarily resides, or where the child's property is situated.
• 😀 The court found that it lacked jurisdiction to pass an order in this case because the child does not reside in Singhi.
• 😀 The father has been absent from the child's life for the last six years, and the mother has been primarily responsible for the child's upbringing during that time.

Q & A

What is the central issue discussed in this case?

The central issue in this case revolves around the custody of a minor child, with the mother having taken the child to her parental home about six years ago, and the father seeking to regain custody under Section 10 of the Guardianship and Wards Act, 1890.

Why was the application for custody under Section 10 deemed not maintainable?

The application for custody under Section 10 was considered not maintainable because the child was not ordinarily residing within the territorial jurisdiction of the court at the time the petition was filed.

Where is the child currently residing?

The child is currently residing with the mother in Nadia, West Bengal.

How old is the child, and what is the child's current situation?

The child is 11 years old and is studying well. The mother is taking care of the child.

What is the relationship between the child and the stepfather?

The child is currently residing with the stepfather, who is the mother's new husband, after the mother left her previous home with another man.

What is the father’s occupation?

The father is a doctor working in the private sector.

What is the father seeking in this case?

The father is seeking custody of the child, arguing that the child should be placed in his care due to his biological relationship and the child’s best interests.

Has the father made any efforts to visit the child in the past six years?

The father claims that he never refused visitation rights but acknowledges that he has not been involved in the child's care for the last six years.

Why was the petition filed in 2022, six years after the child was taken away?

The petition was filed in 2022, six years after the child was taken away, possibly because the father was seeking a legal resolution to the situation after a significant delay.

What is the jurisdictional issue mentioned in the case?

The jurisdictional issue arises because the petition was filed in a court that lacked jurisdiction over the case, as the child was not residing in the territorial jurisdiction of the court at the time of the application.