I Have A Question Regarding Child Custody

938 votes

kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed

Advocate Santosh S. Gaikwad LawRato

612 votes

Yes, it is legally possible for the father to get custody of both children, even in a Muslim family, but the decision will always depend on the welfare of the children, which is the supreme consideration under Indian law. Under Muslim Personal Law, the mother normally has the right of hizanat custody of minor children at a younger age. However, this right is not absolute. Courts in India consistently hold that personal law is secondary to the best interest and welfare of the child, as laid down under the Guardians and Wards Act. In your case, the children are 8 and 12 years old, have been continuously raised by the father, and are emotionally bonded with him. The fact that they are not emotionally attached to the mother and that the father has been the primary caregiver strongly supports his claim. Courts also consider the child’s preference, especially for a 12 year old, if the child is mature enough to express an independent view. If the father can show stable living conditions, proper care, education, and emotional well being, the court can grant custody of both children to the father, even overriding the mother’s claim under personal law. These matters are very fact specific. Proper presentation and evidence make a big difference. You should consult in detail so the custody case is planned correctly from the start and the children’s welfare is effectively demonstrated before the court.

Advocate Sachin Pawar LawRato

992 votes

yes your brother can gate both sons custody according to shariyat, muslim law and also court according to muslim law after 2 years of age son's custody is due for father so in custody application mention shariyat and muslim laws there are somany hadis fatava and quranic pharse that says that after 2 year sons custody is due for father and in your case both are above 5 years so general law also says that after 5 year sons custody is due to father

Advocate Irfan S Patel LawRato

786 votes

Yes, under Muslim Law and the Guardians and Wards Act, 1890, the father can seek custody. While mothers usually have Hizanat, the court prioritizes the welfare of the child is above all else. Since the father is the primary caregiver and the children (ages 8 and 12) lack emotional attachment to the mother, the court may grant him custody based on their best interests and their own preferences.

Advocate Pankaj Bajaj LawRato

801 votes

Yes. Despite Muslim Personal Law, Indian courts apply the paramount welfare principle. If evidence shows the father has been the primary caregiver and custody with him serves the children’s best interests, the court can grant custody of both children to the father.

Advocate Pankaj Bajaj LawRato