Divorce Law

Child Custody Court Wars Decoded βš–οΈ


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πŸ›οΈ The Custody Court Mystery

🌟 When parents live in different cities and fight for custody, which court gets to decide? It's not about where the child happens to be today - it's about something called 'ordinary residence' that can make or break your case!

πŸ’‘ What You'll Discover:

  • πŸ” Why 'ordinary residence' is the secret weapon in custody battles
  • βš–οΈ How the Guardians and Wards Act, 1890 prevents parents from gaming the system
  • 🎯 The difference between where a child lives vs. where they 'ordinarily reside'
  • 🚨 How courts stop jurisdiction shopping and protect children's interests

πŸš€ Real Cases Discussed:

  • πŸ’Ž Ruchi Majoo vs. Sanjeev Majoo - Supreme Court's landmark ruling on jurisdiction
  • ⭐ Annie Besant vs. G. Narayaniya - The historic case about children sent to England for education
  • πŸ† Jagdeesh Chandragupta vs. Dr. Kumari Bhimla Gupta - Defining what 'ordinary residence' really means
  • 🎯 Bhagyalakshmi vs. K.N. Narayan Rao - The permanent vs. temporary residence battle

πŸ’‘ The Big Revelation:

It's not about physical presence - it's about intention! Courts look at where the child's stable, habitual home is, not where they might be temporarily staying. This stops parents from secretly moving children just to file cases in favorable courts.

πŸŽ™οΈ Perfect for lawyers building custody cases and parents navigating separation - learn how evidence like school records, medical files, and neighborhood testimony can determine which court hears your case!

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Divorce LawBy Sharad Bansal