Legal Question in Family Law in India

child custody-muslim couple

hi. We are a muslim couple.we have a daughter who is 2 yrs old. and is US citizen( not indian citizen). I want to know can muslim law which says that child's primary custodian is mother till the age of 5 only, applies to my daughter also or not? my daughter is with me (mother)since our seperation and i dont intend to give my daughter back to my husband even if he files the case for custody ever in l ife. But i fear this muslim law, is there any way where this can be avoided. I am a good mother and take care of my daughter very very well. My daughter has a congenital heart disease also which is getting treated in a very good hospital. I want to know that can US citizenship of my daughter come in the way of this muslim law? can it prevent my daughter going to my husband? Second thing, i wanna know i have my daughter but i hv not court order or document which says tht im her primary custodian and she is in my sole guardianship. I fear that when my daughter goes to school my husband should not be able to take her away or meet m my daughter viz school means. What should i do in order to make sure that he doesnt take her away from school and doesnt meet her without my permission or court permission in my presence. Please answer all quer


Asked on 6/02/09, 10:52 am

2 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: child custody-muslim couple

contact a local lawyer.

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Answered on 6/03/09, 8:52 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody-muslim couple

You may consider seeking "exclusive custody" of the child through the court; and an interim order / stay restraining your husband from interfering in your custody during pendency of the case in court.

The US Citizenship of the child may not be relevant in determining custody issue by the court.

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Answered on 6/02/09, 9:02 pm


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