toengineer (YYY) 31 July 2014

Custody of my daugther

I am a muslim, father of a 3 year old daughter. During one of the counselling's my wife was diagnoised to have personality disorder (not mentally ill). She has left home atleast 5 times now and her relatives have brought her back always. Now she has managed to convince her family members that we are the bad people. Divorce might seem to be inevitable.

I have questions on the below points

a) Can I get custody on the basis of personality disorder. Will the report from psychologist be acceptable by the court. Can I get any further reports from other doctors to strengthen my case.

b) What is the puberty age according to indian law for girls? And upon completion of the puberty age, will I be assigned as guardian default (or) will my daughter be made to choose between us.

c) If my wife remarries, will i get my daughter. What if me and my wife remarry to other people ?

d) my wife has one elder brother and one elder sister. Both parents expired

e) myself, I have 2 sisters, 1 elder and 1 younger and 1 brother. Both parents alive.

How strong can my case be ? Or how can I make my case more stronger to get custody of my child.

Reply Follow

3 Replies

Tajobsindia (Senior Partner ) 01 August 2014

Originally posted by : toengineer

a) Can I get custody on the basis of personality disorder. Will the report from psychologist be acceptable by the court. Can I get any further reports from other doctors to strengthen my case.
Take: Yes you can.

b) What is the puberty age according to indian law for girls? And upon completion of the puberty age, will I be assigned as guardian default (or) will my daughter be made to choose between us.
Take: In case of divorce as per Muslim law, the mother is entitled to the custody of her son till the age of 7 years and of her daughter till she attains puberty. Onset of puberty in Indian girls have fallen by 5 years since 1920 as per peer reviewed Scientific studies. One of the Hon’ble High Court in India went further and said a Muslim girl can marry at age 15 if she has attained puberty. However the marriage age in India is still kept at 18 years for girls.

c) If my wife remarries, will i get my daughter. What if me and my wife remarry to other people ?
Take: No. A case has to be made out in Court of Law to claim so. To get custody of female child use secular provision such as Guardianship & Wards Act

d) my wife has one elder brother and one elder sister. Both parents expired
Take: Noted.

e) myself, I have 2 sisters, 1 elder and 1 younger and 1 brother. Both parents alive.
Take: Noted.

f) How strong can my case be ? Or how can I make my case more stronger to get custody of my child.
Take: You need to read custody discussions topics in this very forum which happened till date to understand how to make custody case ‘strong’.

Adv k . mahesh (advocate) 01 August 2014

only on that one issue you want to take divorce from your wife

toengineer (YYY) 30 August 2014

Gosh it's just one month since I posted this message. It feels like years have passed by. Things have worsened more. I am trying my best, but nothing is working out.

I have follow up question on the below.

a) What is the puberty age according to indian law for girls? And upon completion of the puberty age, will I be assigned as guardian default (or) will my daughter be made to choose between us.
Take: In case of divorce as per Muslim law, the mother is entitled to the custody of her son till the age of 7 years and of her daughter till she attains puberty. Onset of puberty in Indian girls have fallen by 5 years since 1920 as per peer reviewed Scientific studies. One of the Hon’ble High Court in India went further and said a Muslim girl can marry at age 15 if she has attained puberty. However the marriage age in India is still kept at 18 years for girls.

Can you please tell me if there is any exact number of years such as 5 in case of a son.

I wanted to try my best till my daughter reaches that age, but it is not working out, as my wife needs divorce for every petty issue.

Worst situation, if we get divorced, then can I claim custody of my daughter post the specified number of years as per muslim law (similar to son of age 7) or will the court ask my daughter with whom she would stay after the specified duration of years.

b) How strong can my case be ? Or how can I make my case more stronger to get custody of my child.
Take: You need to read custody discussions topics in this very forum which happened till date to understand how to make custody case ‘strong’.

Can you please point me to the links. I have tried to search, but couldn't obtain the proper search results