Custody of children in muslim law
shamsunnisa begum
(Querist) 08 May 2015
This query is : Resolved
my client was muslim married woman,the domestic violence case was filed in a court, against her husband by my client and she was staying in her parents house from one year,meanwhile her husband forcely took his childrens with him, first son age is 3years,and another son is of 6months,what action should i take against her husband,kindly suggest me.
M.Sheik Mohammed Ali
(Expert) 08 May 2015
where are you from ?
not rights to have children under custody of father upto major, so immediately file custody of child case against him.
SAINATH DEVALLA
(Expert) 08 May 2015
PARENTS RIGHTS IN INDIA AFTER DIVORCE;
Parental rights are the legal obligations and responsibilities that a parent has for their child. Failing to fulfill the needful duties result in child abuse or neglect, thereby terminating the parental rights legally. But neglecting duties in India is hardly a matter to be considered as enough for terminating parental rights. Termination can be voluntarily or involuntarily, and for various reasons. However, here our concern is to deal with parental rights after divorce.
Child custody is most-sought after aspect of divorce, with each parent trying at their wits end to gain legal guardianship of their child. It is a tormenting whirlpool for parents as well as for the child, with parents and extended family trying to influence the child. Though in India, mothers are naturally favored for legal custody yet court’s decision is based on the best interests of child and not the parent’s best argument. Guardianship of child is offered to a parent who is seen most fit for the upbringing of the child, providing better financial security and adequate parenting skills.
However, India being a secular country has to respect religious beliefs as well. Hence, personal laws have different notion of physical child custody.
CUSTODY UNDER MUSLIM LAW;
The first and foremost right for the custody of children belongs to the mother and she cannot be deprived of her right so long as she is not found guilty of misconduct. This right can be held against father or any other person. The father’s right of Hizanat is applicable under all Muslim school of laws only in the absence of mother or the completion of age of the child under which the child’s custody was committed to the mother.
