How Muslim mother can get Custody of male son?
2 years ago
My husband was married previously and had a son but after 3 months of the birth of his son he left his first wife and son due to my mother in law and sister in laws and dint get the custody..and now he is married to me and since the day my son was born he has not spoken to me because of his mom and sisters..it has been a year and now I dont want to stay with him..he lives abroad..will I get the custody of my son? He has left his first son also..please tell according to muslim law..I want custody..
A.Dear Madam, Except adoption law you are entitled for custody of child and also file domestic violence case against your husband under general laws. Immediately get filed DV case under the provisions of domestic violence Act against him and his all family member thus take him under your control.
Helpful
Helpful
Share
A.As per the Muslim laws when husband and wife are staying together the the child must stay with them and the husband cannot take the child away with him nor can the mother but when they are separated then mother is entitled only to the custody of her minor child up to the certain age according to he sex of the child. But she is not he natural guardian as per the Muslim Law but the father is. For a male child it 7 years and for female child it up to puberty as per Hanafi law and 2 years and 7 years as per Shia law.
In my suggestion you can give it a try under Guardians and Wards Act, 1890 and file a case in a court to get permanent custody of your child and court will pay attention to your case looking at the situation and history of your husband.
In my suggestion you can give it a try under Guardians and Wards Act, 1890 and file a case in a court to get permanent custody of your child and court will pay attention to your case looking at the situation and history of your husband.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
If there is some type of court action involving the children (divorce, custody, visitation, child support, etc.) that is in process, then it may be illegal for you to take the children out of state, even temporarily, without permission from the judge and/or consent of the other parent.
If you find my answer helpful then kindly rate me.
If there is some type of court action involving the children (divorce, custody, visitation, child support, etc.) that is in process, then it may be illegal for you to take the children out of state, even temporarily, without permission from the judge and/or consent of the other parent.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share
A.Hi,
As per the Shariat law that applies to Muslims, the father is considered to be the natural guardian of his children irrespective of sex, but the mother is entitled to the custody of her son till the age of 7 years and of her daughter till she attains puberty.
If you find my answer helpful then kindly rate me.
As per the Shariat law that applies to Muslims, the father is considered to be the natural guardian of his children irrespective of sex, but the mother is entitled to the custody of her son till the age of 7 years and of her daughter till she attains puberty.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap guardian wards act ke antargat custody ke liye court me case file kar sakte hai. Jiske liye aap ko advocate appoint karna hoga. Kyonki ye act sabhi dharmo par lagu hota hai. Aap ke pass apne son ka birth certificate hona chahiye.
Ab bachha kidhar hai mother jahan rah rahi hai vahan par bachha hai to vahi par district court me case file hoga. Agar bachha dusre district me hai tab vah us district court me file hoga jidhar bachha nivash kar raha hai.
Please respond
Ab bachha kidhar hai mother jahan rah rahi hai vahan par bachha hai to vahi par district court me case file hoga. Agar bachha dusre district me hai tab vah us district court me file hoga jidhar bachha nivash kar raha hai.
Please respond
Helpful
Helpful
Share
Read Related Answers
Mutual DV and child custody
Dear Client,
As per Section 13B of the Hindu Marriage Act, 1955, any one of the spouses can file the divorce petition with the mutual consent of both of them. Section 14 of the Hindu Marriage Act sta...
Living separately for 7 years
Dear Client,
Living separately for long seven years cannot force your family to live with you against their consent. Even a Court cannot force your family to live with you after a long desertion of se...
Change surname of child of 10 yrs
Dear Client,
Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, you cannot adopt the daughter of your wife who takes...
Right to parenting
Dear Client,
Your query requires more details to address it suitably. Please revert to us with more details about your query. you can also avail of our paid consultation service to navigate the issue...
Girl child custody
Dear Client,
On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves...
Read Blogs on Child Custody
Child Custody Lawyers
Find Lawyers by Location
