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Who can claim the custody of children after talaq

11 yrs girl and 8 yr boy, who get custody after talaq. Husband made second marriage and have 2 yr female child for her. Both girl & boy are interested to live with father.

Answers (2)

The question of custody and guardianship are essentially decided on the basis of the paramount welfare of the child and not on the basis of personal law even though its one of the factors of consideration. It is equally settled that mere remarriage will not disentitle a parent of custody unless you can prove that the child will be put to abuse or it will not be in the best interest and health of the child to live with such parent.according to sharia, the female child till she attains puberty shall be with the mother and in her absence with maternal relatives . after puberty and if the female child id not married the custody will be with father and in his absence to the paternal relatives in order of proximity. for male child its till the age of 7 the mother holds custody thereafter to the father.

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If mother put a case for child custody then it can be of female wife. Since second marriage was made the willing of children is important. If they willing to live with mother then it should be given to the mother.

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