Abdul Basit (Block Officer) 30 November 2012

Child custody in the samu house

Aabida got divorced 3.5 yrs. ago, but did not leave the matrimonial house despite end of her waiting period and decree of the Qazi that she is divorced. In February,2012, she brought in a suit under Guardians Act against Rehman to snatch the custody of the only minor son aged 8+yrs concealing the divorce from the court. The child had himself joined Rehman in Oct,2011 after becoming 7 yrs old. Till then he was with Aabida in the sme house as per Qazi's decree that son will remain with mother till ha was 7 yrs old. Aabida had registered herself for second marriage with a marriage bureau in Jan.2012 of which Rehman has secured a proof in writing.

Rehman self pleads.How to proceed in the court. Can he file it and seek dismissal of the case. Aabida has deceived the court by hiding her divorce.

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2 Replies

have a heart foundation (member) 30 November 2012

Child Custody under Guardians and Wards Act and Divorce are two separate issue.

In the above situation One needs to contest the Custody Case under Guardians and Wards Act.

Rehman needs to bring out the facts and provide the decree of Qazi and 2nd marriage registration form to the court in his reply to Custody Petition that has been filed by Aabida.

It needs to be proved that the divorce took place without any coercion.

The qazi can also be called as witness and his statement could be relied upon.

Incase if suiteable amount has been already paid towards full and final settlement of alimony then rehman can also apply court for eviction of Aabida from his house.

Rehman will have to prove to the court that he is a better parent (note : Child wishes may also be of consequences).

Rehman should also pray the court to declare him as the Guardian of the Child and ask for Interim Visitation Rights if he is unable to meet / bond with the child in his own house.

(The views expressed are personal and subjected to the presentation made above and It is always advisable to consult a lawyer).

Tajobsindia (Senior Partner ) 30 November 2012

I agree to above reply. To value add here I would rather suggest to hire an Advocate specilising in Muslim Personal Laws to effectively plead before the Guardianship Court as "self plead" is not suggested in reference to context facts is my view.