Legal Question in Civil Litigation in India

Re: custody of a female child

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Re: custody of a female child

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Re: custody of a female child

The custody of a female child should normally remain with the mother unless she is declared 'disqualified'. Generally, the mother is considered as the fittest person to take care of a child and more particularly a female child.

As per one school of thought, on remarriage, the women ceases to be entitled to custody of her minor child. However, the situation is assessed when the child attains the age of discretion which is usually seven years in the case of female children. One of the scholars have described the legal position as under :

"If the mother marries again she would generally forfeit her right to custody. However, the period of female custody ends once the child reaches a certain age of custodial transfer. The Hanbali and Shafii schools do not distinguish between girls and boys regarding the duration of female custody. The Hanbalis maintain that the female custodian should have custody from birth until the child reaches the age of seven, at which point he or she may choose between parents.The Shafiis allow female custody until the child reaches the age of discretion and may choose either parent as custodian. The Malikis rule that female custody of a boy shall last until he reaches puberty, and for a girl until she marries."

Your custodial right may als depend upon religion of your second husband.

Re: custody of a female child

Withdrawal of female minor's custody is not condition precedent or necessary for remarriage of mother who has obtained Khula, but it may be considered important where divorcee mother remarries with a person not related to her.