About child custody

My wife don't want to stay with me because she don't like to work at home like household Work. She also took my child (male) age 4 yrs 5 months. Our relegion is also same we both are Muslim. Now as a father need my child from her with legal way. At what age I have rights to take my child from her for permanently. I don't want my child to be with her ever.

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 02 Jan 2025

Under Islamic law and Indian courts, the mother typically has custody (Hizanat) of male children until age 7. Then you can petition the court for custody by showing it serves the best interests of the child and prove your ability to care for them. You must file under the Muslim Personal Law and the Guardians and Wards Act with evidence of your financial stability and suitable living arrangements.

Admin
Advocate By LEAD INDIA Answered: 02 Feb 2023

Hello sir,

As Per your query the  legal custody of the child if  his age is below5 years of age is given to the mother and if the mother is not able to take care of the child then the custody is given to the father and if you want the custody of the  child then you can approch to the court.

To know more in details please call on our helpline number 

thank you

 

 

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