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According to Muslim Personal Law, is the father the natural guardian o
28-Jun-2026 (In Child Custody Law)
According to Muslim Personal Law, is the father the natural guardian of Son
Under Muslim Personal Law, will the father get custody of children aged 9 and 12 years its true?
Under Muslim Personal Law, custody is not decided only by the father's status as natural guardian. The child's welfare is the foremost consideration, and custody of children aged 9 and 12 depends on the facts of the case.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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Under Muslim Personal Law, the father is generally regarded as the natural guardian of a minor child. However, this does not mean that custody is automatically granted to the father. In every custody dispute, the Family Court gives paramount importance to the welfare and best interests of the child rather than the personal law alone.
In the case of children aged 9 and 12 years, the Court will consider factors such as their education, emotional well-being, living environment, wishes of the children (depending on their maturity), and the ability of each parent to care for them. Therefore, the father is not automatically entitled to custody, and the final decision will always depend on the specific facts and the welfare of the children.
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Adv. Sanket Ganpat Khamkar
Navi Mumbai | 5+ Answers
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Yes... father can claim custody of child before, court still court can see welfare of children, source of income party, when girl child than court see needs of girls child, still such kind of matter be settled out of court with consent of both parties .
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Adv. Rajesh Ramprasad Jaiswal
Buldhana | 5+ Answers
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Under Muslim Personal Law, the father is generally considered the natural guardian. However, child custody is not decided automatically. The Family Court always considers the welfare and best interests of the child before granting custody. The age of the children, their welfare, education, and other relevant circumstances are important factors. Please share complete facts of your case for proper legal advice.
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Adv. Tejal Mishra
VasaiVirar | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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