custody and cruelty by husband custody and cruelty by husband

2 years ago

i am a muslim woman married since 9 years.i have a 8 year old boy and a 6 year old girl.my husband was physically and mentally torching me since last 6 months as he was having a affair.i want the custody of both my kids.i am currently staying at my parents home since last month.My husband does not want to live with me but he shows to everyone that she ds nt want to live with him.what cases i should file against him to get my kids custody.what proofs are required.his father has done sexual harrassment against me. i ma housewife i m threatened to lose my kids.what step i should take.

Anik

Responded 2 years ago

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A.Hi,
Since you have married under the muslim personal laws, then the muslim laws will apply accordingly. As per the Muslim Personal Law the mother is entitled only to the custody of the person of her minor child up to a certain age according to the sex of the child but all other purpose father is the legal guardian. However, you can file a case of domestic violence against him and a case of sexual harassment against the father in law.
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Abhimanyu Shandilya

Responded 2 years ago

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A.As per Hanafi Law Mother is entitled to custody of-
a) a male child till 7 years of age
b) a female child till puberty ( 15 to 18 years)

As per Shia Law Mother is entitled to custody of-
a) a male child till 2 years
b) a female child till 7 years

As per the Muslim Personal Law the mother is entitled only to the custody of the person of her minor child upto a certain age according to the sex of the child but all other purpose father is the legal guardian.
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