Legal Question in Family Law in India
hi I am a muslim ,had official nikaah in india ,and both me and him stayed in gulf country for 10 yrs , susequently got marraige invalidated in the gulf country .I got custody of my children according to the shariah law of that country upto 14 yrs for both of my male children. unfortunately I he is the sponsor of my childeren and me. so he plans to move to india, I can get my sponsorship transferred to my company, but he is going to take my children to india. If i apply for custodyin india ,Unfortunately according to the muslim personel law in india I can get custody of my children as they are 8 and 9. What should I do now? I can leave my children and can alhamdulillah financially support them. I am stressed out and frustated .... please advice urgently.
1 Answer from Attorneys
From the contents of your Query it is presumed that you are presently working and residing in a Gulf Country. You have mentioned that the local Court has given you custody of the 2 Minor children and you and your children are in the sponsorship of your divorced Husband. Now as your divorced Husband plans to relocate to India, first and foremost you may get your sponsorship changed to that of your Company, which you have mentioned is possible. Thereafter, you may get the sponsorship of your children also transferred under your name, by providing the necessary Documents to the concerned authorities.
As mentioned by you, under the applicable Muslim Law in India, the Mother of the Minor children is never a Natural Guardian and can become a Guardian only by appointment by a competent Court of Law, whereas Father is a Natural Guardian of the Minor children.
While it is natural for you to get worried, but if the needful is done, then maybe there would be no reason for your worries to continue.
For further clarification, you may mail to [email protected] or call on 0097150 2104389.
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