In The Dissolution of Muslim Marriages Act, 1939
Atish
(Querist) 24 September 2009
This query is : Resolved
In The Dissolution of Muslim Marriages Act, 1939 who has the custody of the son aged 12 years. Can the father if he is rightly the custodian change schools without the mother's permission for the betterment of the son.riven
Raj Kumar Makkad
(Expert) 24 September 2009
Mother can get the custody of such son.riven
Atish
(Querist) 24 September 2009
Dear Sir,
Thank you for your answer. 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 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 staey and the father put him in a local school as day scholar.
The mother had left the house much befor ethe 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.
Regards
Atishriven
Raj Kumar Makkad
(Expert) 27 September 2009
Courts have also to take in consideration various facts and relevant law in its consideration while deciding any case so there is no jet packet formula to say about decision of the court as required by you.
