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.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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.

Popular Muslim Law Lawyers

Advocate T Kalaiselvan
Kosapet, Vellore
18 years Experience
Advocate Parvez Ahamed
Magrath Road, Bangalore
23 years Experience
Advocate Sudershani Ray
Kailash Hills, Delhi
12 years Experience
Advocate Mohammed Abdul Quadeer
Nampally, Hyderabad
13 years Experience

Related Articles

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

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 Muslim Law Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Similar questions

Seven years back i got physical with a girl, she was married to a hindu man, she is also hindu, i am muslim man , she got pregnant, now after 7 years …

Read More

Sir, We have got married in Sept. 2013 and we have 2 years old child. I am a Central Govt employee posted in Jabalpur, MP. I have my older parents dep…

Read More

dear sir/Mam,I had sent a letter with a DD for Iddath a month back pronouncing TALAQ through registered post with ack just a 10days before sending let…

Read More

my brother gives her wife divorce in islamic method...beacuse she has many relation with another guy.tso she drink a poison..after we took her in hosp…

Read More

Talk to a lawyer for your legal issue