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azmathullah (Accounts Manager)     22 May 2008

Custody of Child to Father

Can anybody clearly explain that when can father have a custody of children., i.e., at what age for Daughter or a son.


 20 Replies

Guest (n/a)     23 May 2008

when the age of child is above 7 years. for more details plese send me e mail at

Manish Singh (Advocate)     23 May 2008

Yes , a father can have the custidy of a child but it is possible only when age of the child is above 7 years. But if you come across to the decisions of the Apex Court, you will find that they have always inclined towards mothers for granting the custody since finally they have to consider the basic fact of paramount welfare of the child. But still if a good and valid ground, you can have the custody of your child.

Kiran Kumar (Lawyer)     24 May 2008

dear friend pls tell the exact facts like status of marriage with dates, religion and children too. there can not be generallized advice on this matter.

shubho (11)     26 May 2008

Father can get custody once the child is 5years + . Ifthe kid is a boy it's relatively easier , but not immpossible even if teh kid is a girl.

Guest (n/a)     26 May 2008

Hope you are seeking under Mohammedan law. Father can get the custody of the male child above the age of 7 years; as for as female child the custody is with mother till the child attains her puberty.

A lot depends from case to case, on facts. If the mother is incapable of giving proper environment to the child, then custody can be given to father. You will have to prove that, mother may not be able to maintain the child either due to monetary reason, chastity, drunken mother, too busy to take care, like that. From your side, you should show that you can take care of girl child. You must have support of your mother, sister or any female member related to you (except step mother) who will be living with the girl child and help in times where male members cannot interfere and help the girl.

shubho (11)     26 May 2008

I have been going thru Judis and there have been judgements for the same.Normally the custodial parent tries to brainwash the kid into hating the non custodial parent . He/She often tells teh judge that he /she is not intrested in visting the other parents . However judges takes care of that and if found that the other parent is brainwashing it will trun against that parent . Delhi High court has given judgements on them.

arunprakaash.m. (advocate)     09 June 2008

there is no  hard and  fast rule that custody of the child belaw seven years shall be with the mother only. The paramount interest the child will be considered when deceiding the custody of the child.

arunprakaash.m. (advocate)     09 June 2008

there is no  hard and  fast rule that custody of the child belaw seven years shall be with the mother only. The paramount interest the child will be considered when deceiding the custody of the child.

azmathullah (Accounts Manager)     10 June 2008

Mr. Arun prakash

Can u please send the details regarding, what are the further action to be made to get the children,

my email is

arunprakaash.m. (advocate)     14 June 2008

 dear mr. azmathullah

 i have already sent to you legal position pertaining to your query. But the message has been failed to reach you.

the following is the legal position

Under Mohammeden Law the custody of the male child rests with the mother upto seven years and that of the female child upto puberty. ie. upto 15 years or till the time of marriage viz before 15 years of marriage. Father can get custody after this period. Eventhough that the father is the natural guardian there is no doubt.

azmathullah (Accounts Manager)     04 November 2008

I have filed a case for the custody of my children in Family court, But the my wife did not attaint the court even we have issue publication.

Now the judge dismiss the case.

Please member suggest net the step to be follow after that.

I hope I will get the children.


If you have filled custody and visitation case as Petitioner and your wife who becomes respondent does not appear after process service and paper publication then you could have moved application for ex Party Order !

Why did the Judge dismiss the petition? What reasoning the Judge has mentione din the Order?

Under which Section and Act you filled Custody petition?


Yes, D. Arun Kumar is absolutely right. If the respondent is not appearing in the court u should file an application for ex-parte order. Plz. tell me on which ground the court dimiss ur petition?

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