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Muslim Law - Need custody of son


15-Aug-2023 (In Divorce Law)
My marriage is as per Muslim law, we are married since 9 yrs, and we have a son(7.5) and a daughter (7 months) my sister in law is a master mind and keep planning against me since day one and also mother in law. They have ruined my life. I couldn't cope, so I left my husband's house while I was 8 months pregnant (2nd child) and my son (7.5yrs) is with my husband, he is staying with my husband since last 8 months. And I am at my parents place with my 7 months daughter and my husband has filled two petitions in the district court for the 1)divorce and 2)custody of my son. Is there anyway I can get the custody of my son? I don't want anything except my child. Plz help.
Answers (3)

Answer #1
670 votes
Well, don't worry, Custody of Child will remain with you, if you are not a Bad Mother. If your Husband will be able to prove you as a Bad Mother or Evil one or one who cannot economically take care of his children, one who cannot teach them morals and ethics, then the custody of your son will go to your Husband.
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Advocate Pankaj Bajaj

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Answer #2
638 votes
Sorry to know about your situation. You too can apply for custody of son till you are not divorced. According to shariat male child will go to husband after divorce and female child will remain with wife till she attains puberty, provided that the husband leave his right to custody. However, in your situation you may approach darul qaza to give a try to either save your marriage or to amicably solve the issue of custody.
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Advocate Mohd Atik Iqbal

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Answer #3
541 votes
hi in this case the custody is decided while taking into consideration the welfare of the child. you have to reply to the said petition by putting all facts which are relating to welfare of under child you can also claim maintenance for both children till their marriage you can also initiate domestic violence proceedings
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Advocate Rohit Shaligram

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