28 May 2024 Child Custody >> Family Law  

A child custody case in Hyderabad has been transferred to a Delhi court due to the challenges faced by the mother in attending hearings. The order, passed recently, acknowledges the difficulties faced by the petitioner-wife.

The case, G.W.O.P. No. 24/2023, was originally filed in the Court of Addl. District Judge-cum-Family Court-III, Medchal Malkajgiri District, Hyderabad. The wife, who is the petitioner, requested the court to transfer the case to the Family Court, Saket Courts, New Delhi.

The court granted the transfer citing the following reasons presented by the wife:

• Lack of Familiarity in Hyderabad: The wife explained she lacked acquaintance in Hyderabad, making it difficult to travel alone for hearings.
• Childcare Responsibilities: She has a 10-year-old daughter who requires her care.
• Financial Constraints: The wife's financial situation further restricted her ability to travel for court appearances.

Considering these factors, the court deemed transferring the case to Delhi to be "in the interest of justice".

The order outlines the following:

• Transfer of Case: The case will be heard in the Family Court, Saket Courts, New Delhi.
• Transfer of Records: The Hyderabad court is directed to send the case files promptly to the Delhi court.
• Virtual Appearances: Both parties are allowed to attend future hearings virtually unless their physical presence is specifically required by the court.
• Visitation Rights: The husband has the right to file an application in the Delhi court seeking visitation rights with their child. The court expects the Delhi court to handle this application expeditiously, and both parties are expected to cooperate in these proceedings.

This case highlights the importance of courts considering the circumstances of each party involved in child custody disputes. By transferring the case, the court has aimed to ensure a more accessible and fair legal process for the mother.