Custudy of the male child in mumslim law
Mohd. mumtaz
(Querist) 26 September 2013
This query is : Resolved
can a muslim wife demand for divorce as per muslim law from her husband...if he will deny to give divorce then there is any way to get valid divorce as per muslim law.if they have a male child who will have custody?
please anyone help in clearing this doubt
ABDUL RAZIQUE
(Expert) 29 September 2013
In islamic law both male and female has right to break their marital life. women can take KHOLA from husband against cruelty, adultery and other perfect cause.
If child is minor mother has right to custody but father is bound to bear his daily life expenses.
Raj Kumar Makkad
(Expert) 29 September 2013
Right to Khula is available even to wife but husband is liable to pay maintenance only up to the period of Iddat.
ABDUL RAZIQUE
(Expert) 30 September 2013
Ld. Raj Kumar Makkad ji,
In the Surah Baqra of Holy Quran not mention any period of maintenance, there is describe as if husband has sufficient property then he bear or pay the maintenance of divorcee.
Mohd. mumtaz
(Querist) 02 October 2013
thanks to all for clearing doubt.. if husband and wife got divorced and made settlement deed that male child will remain with mother and father will have no claim and even visiting right. will that child have right to get share in property of his father ? if yes then how ?
ABDUL RAZIQUE
(Expert) 02 October 2013
yes, because the child is the son of his father and a born or unborn child(live in mother womb)has right in property as per law.
