Child custody

t. surya. p. (Querist) 20 May 2012 This query is : Resolved
I am a hindu girl converted to islam to marry in 2006 and could not continue the relation due to mental/physical torture by husband.Separated one year back through "KHULLA", according to islamic law. The very same night my ex husband absconded with elder girl(3 years)and I complained to police and applied habias corpus in Delhi high court. He presented the child in court as per court order and court awarded temporary relief by ordering him to give the child to me for 2 days weekly, as well as to pay Rs.3,000 per month for 2nd child's maintenance.
Last month, Habias corpus file is closed in High court and told to apply in trial court for further custody related things and I did. My question is, what are the chances of getting my both children to my custody and how long it will take. Mean time he also filed the suit to take second child from me in another trial court, to give more stress to me. Since I am looking after myself and child by securing small job and rent will be paid by my parents in Karnataka.

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Adv.R.P.Chugh (Expert) 20 May 2012
Dear Querist,

Do the following things at once :-

1. Seek maintenance u/s 125 CrPC or 1986 Muslim Women (Protection of Rights on Divorce Act, 1986, which he'd have to pay until you get remarried.

2. File a 125 Crpc case to get maintenance for both daughters.

3. Under Islamic Shariat Law mother is entitled to female child's custody until puberty in Sunni Law and 7 years until Shia Law, this right is called 'Hizanat/Custody' You have a strong case for custody considering the age and sex of the child, oppose husband's plea for custody.

Feel free to talk !

Sanjeev Dudhat (Expert) 20 May 2012
besides personal law the paramount welfare of the child also is given consideration. you should be able to show that the the children staying with you shall be cared for, better then then they staying with your husband.