STATUS corner 05 November 2022

minor female child custody

sir/Madam. i had married under Muslim laws in 2017 and raised a female child but got divorced in 2020 made compromise under which it was decided that the custody of child will be given to me (father of minor) at the time mother remarriage. Mother remarriage 3 months ago and left the child with her brother (minor's maternal uncle) now they are totally refusing for giving me custody.
Query:- Am I legally eligible and have me rights of custody or not if yes what is the procedure

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3 Replies

Ashok Vardhan 05 November 2022

Hi,

Since you are the father, you have the complete rights on the child. File Guards and Wardian petiton in court for the custody of the child

STATUS corner 05 November 2022

thanks for your reply sir
sir as the maternal uncle of the minor has changed the name parentage and adress of the minor and did not ever gave me the visiting rights resulting of which the child did not recognize me Can I still get the custody

Ashok Vardhan 05 November 2022

If you can prove that you are the parent (Birth Certificate having your name as father or any Certificate accepted by court which proves that you are father) of the child, then yes, Else you can't. Court need proof.