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Child custody

(Querist) 06 February 2012 This query is : Resolved 
A Muslim girl got converted herself in Hindu Religion but never made any changes in regard of her name and get married to a Hindu boy after there marriage a baby girl was born from the said wedlock but at the same time she got separated from her husband and after a period of time she had come to know that some criminal matters are also pending against him.After her divorce she again convert back to her earlier religion and got married to a Muslim boy.Now the question is, the minor girl since birth used to live with her mother and now her father trying to take the custody but the Mother is not at all ready?How can the mother stop the custody of her child?
Devajyoti Barman (Expert) 06 February 2012
The court in custody matters are not bothered about the father or mother but about the welfare of the child.

Remarriage, economic distress etc are not points against the person in custody of the child. In custody cases the court beleives in status quo unless the person praying for custody proves that the welfare of the child id at stake.
So relax and contest the case as per its merit.
Govind (Expert) 06 February 2012
I agree with Mr. Barman.But in noted case religion changed by girl may be a point for claiming custody because it affect religious faith of child as well as parties.
Nadeem Qureshi (Expert) 06 February 2012
Dear Sophiya Khan
I also Agree with Mr. Burman, Walfare of child is the main concern of the court, not mother or father.
feel free to call
Adv.R.P.Chugh (Expert) 06 February 2012
Conversion and subsequent remarriage won't disentitle the mother, as aforesaid by Ld.Colleagues - welfare of the child is of paramount consideration. The Court may in its wisdom allow visitation rights to the man if the same is conducive for the child's welfare
ajay sethi (Expert) 06 February 2012
it is well settled law atht welfare of child is of paramount consideration . since it is a minor girl courts would be loath to take the custody away from mother . at most father can get visitation rights
Raj Kumar Makkad (Expert) 07 February 2012
Nothing remains to be added.
V R SHROFF (Expert) 07 February 2012
Welfare of child is of paramount consideration
Father is criminal
Usually mother get custody of daughter, so you will get custody in this particular case


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