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How to get divorce if husband is demanding for child custody


04-Apr-2023 (In Divorce Law)
I am a Muslim girl, got married at September 2021, i have 11 months old boy..I want divorce from my husband..but my husband is not ready to give divorce untill i give him the child custody.... I want my child custody... please help and guide me what should i do
Answers (4)

Answer #1
970 votes
husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient; generally, this is done by talaq. But he may divorce the wife also by ila and zihar which differ from a talaq only in form not in substance Joint custody: Here both the parents get the child’s custody in rotation. This implies that the child stays with each parent for a fixed duration. Legal custody: This means that one or both the parents get the right to take all major life decisions for the child, including those for his education, finances, religious preferences or medical needs, till he turns 18.
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Advocate Navya

Adv. Navya

LawRato Bangalore / Bengaluru | 100+ Answers
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Answer #2
706 votes
Dear client, Under Muslim personal law, you have the natural right to have the custody of your child until he reaches the age of seven. You can file for divorce without giving away custody of your child. Do let me know if you have any further questions.
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Advocate Amit Ghodke

Adv. Amit Ghodke

LawRatoBangalore / Bengaluru | 50+ Answers
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Answer #3
907 votes
personal law of Muslims girls priority to the father in matters of child custody when the child is a boy. but at this time as your child is at a tender age and will remain with you. now if you are asking Khula then you are husband will not give Khula unless you give custody of the child to him. therefore I suggest you to file for divorce in court and ask for retention of its custody with you.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #4
761 votes
you are already having the child Custody, file case for domestic domestic and maintenance, and get an order of maintenance, further file a petition for divorce under muslim law in family court, and thereafter try to settle the permanent alimony or maintenance amount and get divorce, court may grant him visiting rights to child. further if he does not agree for settlement proceed with the domestic violence, maintenance and you can also file 498A case if he has tortured you. Further as custody is with you, you do not have to file any petition in respect of child Custody.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRatoBelgaum | 25+ Answers
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