Pidit Pati (False 498a Victim) 28 August 2013

Appointment of mother as guardian under gaw secction 10

Ex-wife filed application under Guardian and Wards Section 10 to appoint her as legal Guardian in Family Court. What could be the legal implication of this?

History: After 5 years of marriage (Muslim Marriage) she left on her own and started staying on her own. Husband waited for 2 years for her to come back and than gave Divorce (talaq) as per muslim sharia. She accepted talaq, maher and 3 month iddat money. After 2 years of divorce she is now applying under GWA Section 10 to appoint her as legal guardian. What could be the hidden agenda?

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Tajobsindia (Senior Partner ) 29 August 2013

1. She is invoking her personal Laws rights for custody of minor using General Laws on Custody / Visitation followed in India that is her agenda if you may question her motives or so !

2. Nothing more is mentioned in your brief as to gender of the minor child. However, there is a difference between the Shia and the Hanafi Schools regarding the age when the mothers right of custody ends. In the case of a minor son, the Shia school holds the mothers guardianship till the child reaches the age of two years, while the Hanifi school extends this period to 7 years.

3. Contest her custody claims on merits r/w your personal Laws r/w press for interview of minor without tutoring as to h/er wishes with whom s/he like to stay.