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Suri.Sravan Kumar (senior)     02 March 2010

custody of minor girl

Mrs L(HINDU) married to Mr Y(Muslim) under Muslim Law at H(City).Out oftheir wedlock a child was born who isnow aged 5 yrs. Difference arose and Mr Y gave talaq to Mrs L in front of a khaji. After talaq Mrs L started living with her parents at V(CITY). The child is living with Mr Y under his custody. Mrs L is conducting classes and earning Rs 15,000/-. Mr Y is a software engineer and earning Rs 30,000/- per month.

Now the question is can Mrs L claim the custody of her minor daughter from Mr Y. Can she claim maintenance from Mr Y. If yes can she file the case from V (City) where she is residing now.



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 March 2010

Yes. She can file suit seeking custody of her minor child in her city and can also claim for maintenance allowance for her as well as after custody in favour of her son.

Suchitra. S (Advocate)     02 March 2010

1. can Mrs L claim the custody of her minor daughter from Mr Y?

Yes. Mother being a natural gaurdian just like father, she can ask for the custody of the child from Mr. Y.

 

2. Can she claim maintenance from Mr Y.


Yes. Being a legally wedded wife, after divorce, she is entitled for maintenance either under muslim personal law, or under S.125 CrPC

3. Can she file the case from V (City) where she is residing now.

Yes.

 


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