quesCan I get khula and 5 months old twin girl babies custody?

I'm muslim lady (education : BE, MBA) want khula as my inlaws n my husband(muslim) ill treat me give me mental torture and not allow me to meet my mother, my husband don't stay with me he stays in Saudi Arabia my inlaws dont allow me to stay with my husband I'm married for almost 5year. i want separation khula and i want my twin babies custody. please help

  • ansYes you have a right to claim in the court for divorce and you also have a right to get custody of your children from court you have to file a case in court stating that you are not happy with the husband

    Advocate Akshay Gupta

      Tejasvini Nagar colony, Attapur, Hyderabad

  • ansMadam,

    For obtaining Khula, consent of your husband is required. Try to get in touch with your husband from all sources and ask him to accept your demands and give his consent for Khula and the custody of babies. If even after your persistent efforts he doesn't budge and accept your demands or if he is not traceable at all, file a divorce petition under the jurisdiction of the family court where you are presently staying under Dissolution of Muslim Marriage Act, 1939 under the ground that whereabouts of your husband have not been known for a period of 4 years OR your husband has failed to fulfill his marital obligation for a period of three years. In addition to this, file permanent custody petition for your two babies.

    Advocate B. Srikiran

      Malkajgiri, Hyderabad

  • ansHi,
    Did you shared the matter with your parents or before elders of your husband if not try it as Allah doesn't like the separation of couples and khula has to be the last resort. You can take khula but finally it is your husband who also has to accept your khula and custody of child is different aspect and he will also would like to have custody of child. Call us through website for assistance

    Advocate Mohammed Abdul Quadeer

      Shree Ram Nagar, Hyderabad

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