Child custody

Question

► The husband and wife are both employed in IT companies in Kolkata, and their 5-year-old daughter was also attending school in Kolkata. In November 2025, the wife took the child to her parental home in Jharkhand without the husband's consent, enrolled her in a school there, and subsequently filed a child maintenance case before the competent court in Jharkhand. Can the husband challenge the territorial jurisdiction of the Jharkhand court on the ground that both parents are employed in Kolkata and the child was ordinarily residing and studying there? Further, can the husband file a petition for child visitation rights before the Family Court at Kolkata, despite the child presently residing in Jharkhand?

Answer 1

Dear Client,

The husband may raise an objection on the grounds of territorial jurisdiction of the court of Jharkhand if it can be proved that the child was an ordinary resident of Kolkata and taken to Jharkhand unilaterally without his permission because the issue of ordinary residence depends upon the factual position rather than a temporary or unilateral move. Nevertheless, in case the child has really started residing in Jharkhand, the court may still have jurisdiction in case it becomes an ordinary place of residence of the child. Concerning the right of visitation, the husband may file a proper application before the Family Court in Kolkata, yet the court would first consider whether it has territorial jurisdiction according to the concerned law and ordinary residence of the child. If not, the husband may need to make an application for visitation or custody in the concerned court of Jharkhand. In any case, the welfare of the child would be the key factor.

I hope this helps and if you have any further issues do not hesitate to contact us.

Child custody

1 Answer