LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Michelle Dominica (- )     19 March 2010

Child Custody

I am a Divorcee living with my aprents and son aged 6 1/2 years. I was a catholic and converted to Muslim to marry my husband in  Dec 2002. We separated in April 2004 and i returned from my marital home in Chennai to live with my parents in Hyderabad. I later filed a case under 498A,406 and ss 3&4 od Dowry prohibitiojn act in April 2004. As a counter blast my husband filed Restitution of Conjugal rights in August 2004. He was not given relief from this case.

A maintainence petition was filed by me in Sep 2004 and an amount of 2000/- was fixed for my son in 2006. My ex- husband has not been paying the said amount for a year now.  He was acquitted from 498A in Feb 2010. 

I was given a talaq by him in 2008  and he is remarried.,

My queries:

  1. As i was married as per Islamic rites and rituals, as per the sharia, he can claim for custody of my son when he turns 7.  How do i avoid this? Or what should be my course of action so that i could retain the custody of my son.

He is remarried. I am single



Learning

 5 Replies


(Guest)

Your case is going to be one of the land mark cases in indian law.  Let us suppose that you turned to christianity after your divorce.  Then why should shariat would be applicable to you in respect of child custody. It must be secular law, where the "interest of child is paramount consideration and not religious personal laws shall be applied in your case.  His non-payment of maintenance awarde by court itself shows his lack of interest in the child's welfare.  Several legal theories can be drawn in your favour.  Engage a progressive and good advocate and we will be witnessing the very interest case and I am quite sure, you can keep your child irrespective of what shariat law says.

Michelle Dominica (- )     19 March 2010

I appreciate your prompt reply and advise...... Would like to share with you that i have not converted back to christianity after my divorce and am still a muslim. Would request you to please help me understand how sheriat law would now be applicable and what my further course of action should be???

 

Regards


(Guest)

I am sorry on two counts.  First, I do not have knowledge about shariat law and hence, I cannot advise you on that point.  Secondly,  Secondly, I alway felt that Muslim personal law unlike secular laws of India has treated muslim women unfairly and they are not given equal status with their men.


(Guest)

I am sorry on two counts.  First, I do not have knowledge about shariat law and hence, I cannot advise you on that point.  Secondly,  Secondly, my feeling is that Muslim personal law unlike secular laws of India has treated muslim women unfairly and they are not given equal status with their men.

scharlie (worker)     10 May 2010

you are facing a serious problem. my suggestion for you is hire a expert family law who know all about Muslim personal law. because this is very necessary for you and your child.

child custody advice for children


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query