Custody of muslim girl 8 years
syed niaz ahmed shah
(Querist) 19 August 2013
This query is : Resolved
the mother and girl left their matrimonial home as husband threatened them with dire consequences and asked them to 'get out'of the house and bolted the front door on them.
The woman works in metropolitan capital and while her parents live in J&K. She applied for the custody in the principle district court and meanwhile she had secured her admission on 15 2 2013 in Srinagar and while in Srinagar she was able to get Interim order for the girl in 4 march 2013 and at the same time she gave in written notarized agreement that in her absence her mother and father will be in charge of the child.
Meanwhile the husband in Delhi family court saket filed on 23 Feb in which the husband acknowledged that the custody of the child since 24 Jan 2013 is with the mother . he also acknowledges his income is only Rs.150000 per annum by which he does not have means even to pay rent of the house while court put wife on notice in March, where her lawyer objected the petition on grounds that interim orders are already existing in Srinagar and jurisdiction of Delhi family court cannot act .
Does the husband have any right to file or fight the custody on grounds that mother is not continuously in Srinagar and hence the child should be given to father.
What citing should the mother show to the learned judge as the daughter is in good hands and has been securing A grades in school and is on the website of the school also.
Please guide.
prabhakar singh
(Expert) 20 August 2013
The custody of daughter would remain with mother.Father would get only visitation right.
ajay sethi
(Expert) 20 August 2013
agree with prabhakar singhji custody of minor daughter would be awarded to mother
Rajendra K Goyal
(Expert) 20 August 2013
Agree with the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 22 August 2013
>aw recognises the custody of such minor female child with mother only.
