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Imad Hassan (Partner)     24 November 2013

wife refusing to stay with me

Iam a Muslim man and I have been married for past 4 years and my wife along with my 3year old son left me and is not willing to come back to me she is also not allowing me to meet my son she had also started working in a school where my son is studying, shall I file for custody of my son, can she claim maintenance what if I divorce her as per Islam does my case come under Muslim personal law. syed


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T. Kalaiselvan, Advocate (Advocate)     14 November 2014

If your marriage was performed under Muslim religious rites and customs, you can decide about pronouncing talaaq as per the Muslim personal law. About custody of child , yes you can apply in common law along  with it you can also file an IA for visitation rights to visit your child.  She can claim maintenance u/s 125cr.p.c., however, since she is employed, she may not be eligible for maintenance for herself, but child will be eligible.


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