Merely because your wife has filed a divorce petition and has made an interim prayer for custody of child, does not legally prevent you from filing your own application for custody of the minor child. You can file your own petition / application under GWA and there is no legal restriction.
It your petition is in the same court in which your wife’s petition is pending, then both these petitions may be heard together. If these are in different courts, either party can file a transfer petition before the appropriate higher court to get other petition transferred to the same court.
Both the petitions will be heard on merits and a petition does not become weak on the ground that the opposite party has also filed a counter petition. Ultimately, the case has to be decided on merits.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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