Legal Question in Family Law in India
child custody muslim law
hello. muslim couple, not legally divorced, 498A , DVA pending . daughter US citizen , settled back in india. Husband also settled in india now. husband now threatens that he will take away the kid , since muslim laws are in his favour. ( after 7 yrs of age he is entitled to custody as per muslim law) . 2 yrs of seperation. till now no maintenance has been granted. is it true that he can be benefitted due to biased muslim laws in his favour?
2 Answers from Attorneys
Re: child custody muslim law
you need to file an application for custody and interim maintenance.
Re: child custody muslim law
The laws are changed also, depending upon the parties and the fight they gave.
If you find that custody should be with the mother and she is more suited than the father, keeping into view the 'welfare of the child', you may challenge the law. The basic law of child custody is that 'paramount consideration is to be given to welfare of the child" and any law is contrary to this concept, you may challenge the same. You may need to be ready to contest upto the Supreme Court of India and that too in the hands of good lawyers.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
