Hello there.
My friend is a Muslim guy who was divorced by his wife through Islamic Rule, in a small conflict his in-law's came and took her from Dubai to India saying that she needs a change so its good that she stays with them in India for couple of months and then return back to Dubai. She had become very rude in the 5 years of Marriage which often resulted in quarrels in home.
when she went to India along with 2 children's (Boys) She vanished, the guy tried to reach her from ever source he could not as no one was picking phone in their home, in the end it was known that she needed divorce (Khula) Without consulting anyone they sent a paper from KHAZI stating that since the husband and wife were not in touch for 3 months so the marriage gets nullified and she hereby is not his wife. It was shocking for them but they managed to come out of this shock.
Later her father called the Guy's mother and asked her to come and take back the elder son to dubai as he is not happy with them and wants his dad and grand parents. he just being 6 year old even said to his mother that he will jump from building if she does not send him to his dad. She then sent him to Dubai.
Upon coming to dubai the six year old son revealed shocking story how he was being treated in his mother's home. They use to beat him, kick him, ask him to bring in eggs from market and use to beat him if any egg was found broken. All this he went through because they knew this son was his faviorate and his grand parents faviorate.
Anyhow his son is now 12 years old living with him in India as they have moved to India and the guy still dint marriage because he thinks the Step Mom would not look after his son. Now this woman also is in India and had also married earlier as she went to australia with her younger son. And then their also had a fight with her second husband and even had history of Police cases against her husband for assaulting her. But we know who is the bad one in both the case.
But now she insists she wants to see her son as she miss him a lot and she wants to take back her son her home for a month or week. But the guy does not trust her. And even the SON also not interested in going to her home. My Friend was thinking if it is right to file for custody for his younger son also as he feels she is not a good mother to him... specially she had married again.
What can be done in this CASE ? Can she take back her son which is not interested to go to her, and can he take back his younger son also from her as she had already married.
