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Iram Jafri (Other)     02 June 2012

Custody of 6 year old muslim girl

Respected Lawyers

Me and my husband (we both are muslim ) are living separately from last 2 years still married.

As of now my daughter is living with me and me and my parents are taking care of her. he(my husband) didn't even bothered to ask how her daughter is doing. and also not giving me divorce.

I want to know in given circumstances who has the legal custody  or how can i get the court order or something that give me sole legal right to take decisions for my daughter as I want to move out of country. Please advise. 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 June 2012

Dear Querist,

 

Shariat Law in this regard is heavily skewed in favour of women, though in Sunnis mother has the right to custody of a minor girl (called HIzanat) until she reaches puberty, but for purposes of law father remains the natural guardian, after father it is the father's executor and after him the father's father adn his executor. A mother is the executor only when either appointed by will of father or by court. But you can file a suit asking you to be declared legal guardian, the court in light of changed circumstances and indifference (utter absence of father)- allow you guardianship. File such petiton in local guardianship court. 

 

Feel free to talk !

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 June 2012

Dear Querist,

 

Shariat Law in this regard is heavily skewed in favour of women, though in Sunnis mother has the right to custody of a minor girl (called HIzanat) until she reaches puberty, but for purposes of law father remains the natural guardian, after father it is the father's executor and after him the father's father adn his executor. A mother is the executor only when either appointed by will of father or by court. But you can file a suit asking you to be declared legal guardian, the court in light of changed circumstances and indifference (utter absence of father)- allow you guardianship. File such petiton in local guardianship court. 

 

Feel free to talk !

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2012

Repeated query.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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