Child custody for divorced muslim woman
t. surya. p.
(Querist) 23 March 2012
This query is : Resolved
I am hindu girl, married to muslim boy after changed religion to islam, 6 yrs back. We have 2 girls(4yrs and 18 months old).
We divorced according to muslim law, one year back.One day my husband, escaped with my elder daughter and not returned. I complained to Delhi police, but no use. After that I put habias corpus application to Delhi high court,police brought him and child to the court. After period of time, judgement has come partially in favour of me, so that weekly 2 days(sat,Sunday)he has to drop my elder daughter to my home and pickup next day evening. Also he has to pay maintenance to second daughter(two and half thousand per month).
Last week habias corpus is closed in high court and asked me to apply in lower court within 4 weeks to continue the same arrangement. I am waiting for the judgement copy.
My question is what are the chances of getting my child permanently to my custody?
Whether I can go to lower court or Supreme court for speed up the case.
I am living with small job in Delhi and remaining expences will be met by my parents in Karnataka.
Ghanshyam Prasad
(Expert) 23 March 2012
File case before lower court or sariat court.
Shonee Kapoor
(Expert) 23 March 2012
Chances can not be stated like that.
Though visitation won't be denied to you.
Child custody is decided on the sole concept of Welfare of the Child concept.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev Kumar
(Expert) 23 March 2012
Visitation right cannot be denied. Custody of child is only depends on the welfare of child.
Saumya Chitranshi
(Expert) 24 March 2012
Since you were married as per the provisions of Muslim law, for custody of child 'Right of Hizanat' would be applicable. In Muslim law the Hizanat right initially lies with the mother. Further in case you are a 'Hanafi' the custody of your daughter shall be granted to you if you continue with 'Islam' as your religion. Best would be if you proceed before the Cheif Qazi as per Shariah but as an alternative you may proceed with the filing of child custody before lower court.
Your's being a doughter, the Muslim Law prefers to grant the custody of girl child to the mother rather than giving the same to the father.
Shonee Kapoor
(Expert) 28 March 2012
The Guardian and Wards Act has an overruling effect on religious laws. Hence, the welfare of the child would still remain the sole consideration for deciding child custody.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
