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My child custody of my daughter is with whom under muslim law.


26-Mar-2023 (In Divorce Law)
My wife and my 1 year old son died in a road accident. I have one daughter age 9 years, she survived the accident . Now she is with me only, but my wife's sister is always harrassing take my daughter with her for which I refused to give them permission and also lodged an NC against her. Now she is telling that if I get married with another woman, then she will not keep the child with step mother and she will take her. After the death of my wife and son my daughter is my only support. I am a Muslim. Can my wife's sister has any right to take the custody of my daughter, in case of my second marriage. Plz advise on the same as I am too much worried.
Answers (2)

Answer #1
974 votes
Sorry to know about your situation. Sister of your deceased wife has no right to keep the custody of your daughter in the given circumstances unless your daughter herself wishes to remain with her. You should try to amicably solve the dispute.
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Answer #2
768 votes
She can take the custody under certain circumstances only. However, it is your first right that your Daughter will remain with you. I think, your matter will go to court. Court can grant custody of your child to your Wife's Sister considering your Daughter is minor
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