Legal Question in Family Law in India

I got married 14 years back per Muslim Personal Law and have two male childs both aged above 9 years, my wife had illicit affair for last several years and finally took Khula (Divorce) by her will 2 months ago and she promised me that after I sign Khula she will handover both the childs to me immediately but she denied giving me any child after I signed Khula. I have fatwa from Jamia Nizamia which states that husband is entitled to childs custody. could you please guide me the available options that I can take to obtain children custody immediately. Is it possible for my ex-wife to file complaint under section 498a against me when she has already taken Khula (Divorce) by her will. Thank you


Asked on 5/15/14, 1:41 am

1 Answer from Attorneys

dear sir,

you can be file petition in the civil court under indian act.court will be decide .otherwise your will be approach arbitration court .

thank you

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Answered on 5/28/14, 3:46 am


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