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CUSTODY OF 12 YEAR SON IN MUSLIM LAW

(Querist) 24 September 2009 This query is : Resolved 
I was told as per muslim law afetr the age of 7 yaers the father always is the custodian of the son until proved that he is not capable of taking proper care and needs of the son.
In the past month the custody was given by court to the father for the holidays and the mother was denied after the son in court after being with the mother for one hour alone told the judge that he wants to be with the father and if mother wishes then should come home.
Because of uneasiness in boarding the son refused to stay and the father put him in a local school as day scholar.
The mother had left the house much befor e the divorce petition reached the father without anyones knowledge.
Both elder son of 22 years and younger son of 12 years are ready to state that they want to be with the father.
Can the court still force the custody to be given to the mother.
Would appreciate your kind answer at the earliest.
riven
Sukhija (Expert) 24 September 2009
Hi Atish
Father has a rt to have custody of his son after he attains 7 years provided he is capable of taking good care of his son financially. welfare of the son is paramount imp, mother can get acess to her son.
Custody cannot be given to mother in above circumstances.
tc
Adv. Sukhija
Mumbai
crsukhija@yahoo.comriven
Sarvesh Kumar Sharma Advocate (Expert) 24 September 2009
atish ji,
no, now the court will not force about the custody of the son to be given to the mother.riven
Adinath@Avinash Patil (Expert) 24 September 2009
12 yers of son the court will decide by asking child that wher he likes to reside with father or mother that is choce pf child.riven
Raj Kumar Makkad (Expert) 24 September 2009
agreed with sukhijariven


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