Legal Question in Family Law in India
re:child custody muslim law
child is living with the mother only. is it possible for father to take advantage of muslim personal law in custody and take away the kid?
2 Answers from Attorneys
Re: re:child custody muslim law
depends upon the facts and his pleadings after applying for custody.
Re: re:child custody muslim law
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 with the help of good lawyers.