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Child Custody

Child custody

I have two male childs My wife has taken a khula 4 months ago and now she is going to remarry with stranger. So want to take back my childrens for his better education and better education. My 1st son is 7yrs and my 2nd son is 5.5 yrs

( Hyderabad, Telangana )

2 months ago

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A.
Dear Client,
Under Muslim law, post-divorce, a mother has the right to custody of her male child until the age of seven years and her female child until puberty. This right persists even after divorce unless she remarries. In Islamic law, the father has a fixed liability to maintain his children, whether he divorces his wife or keeps her. This means that it is the father’s responsibility to financially support his children, regardless of their marital status or living arrangements. In cases where the mother has remarried, she may still have a right to custody, but only if the child is under the age of seven. If the child is older, then the mother must prove that she can provide a stable environment for the child’s upbringing and meet the best interest of the child. If required, hire an Advocate to navigate the issue in the right way.
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