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


12-Jan-2023 (In Divorce Law)
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
Answers (3)

Answer #1
512 votes
Hi,
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
Answer #2
946 votes
Madam,

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.
Answer #3
976 votes
Yes 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

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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