how to get my child
anil Kumar
(Querist) 02 January 2015
This query is : Resolved
Dear experts
i and my wife seperated six months back.now she is residing with her mother and father.we had kid of 2yrs and the kid is wd her.
As a muslim i have a plan for circumsittion to my son.so how can i get my son to my house.
As this case is not in court,so how could my take my son.ours is inter caste marriage but its nikha .so if i want to divorce her how should i proceed for divorce.
And they belong to sc community but she accepted islam at the time of marriage.
My lawyer told they will file atrocitie cases so iam afraid.so wat should i do.
Several counsellings and reconcillations over but all failed.so as per Islamic shariah pls give ur valuable suggestions.
Can i go for second marriage or again it will become issue ??
Devajyoti Barman
(Expert) 02 January 2015
Being a Muslim you can marry even without talaq given to your existing wife.
ajay sethi
(Expert) 02 January 2015
you can marry during subsistence of earlier marriage . you can give talaq to your wife as per your personal law . since your child is 2 years old custody wont be awarded to you
Rajendra K Goyal
(Expert) 02 January 2015
You can marry without talaq. You can give talaq as per your personal law.
T. Kalaiselvan, Advocate
(Expert) 03 January 2015
As far as your child's custody, you may seek the help of court for custody or even visitation rights. Being a Muslim by religion,you may go for Talaq or even without that you can marry another Muslim woman. Question of atrocity complain will not rise as she has already converted to Muslim at the time of Nikah with you.
malipeddi jaggarao
(Expert) 07 January 2015
Custody of child - difficult as the child is only 2 years old. You have to go to court of law for either custody or visitation rights.
Re-marriage - is not against your personal law.
atrocity cases - will not stand. She lost her SC status by conversion of religion.
Sudhir Kumar, Advocate
(Expert) 29 March 2015
IN ANOTHER THREAD YOU SAID SHE WAS CHRISTIAN BEFORE CONVERSION THEN HOW SHE IS SC.
Sudhir Kumar, Advocate
(Expert) 29 March 2015
You are already well advised on multiple threads
http://www.lawyersclubindia.com/experts/-triple-talaq-valid-legally-in-my-case--482366.asp
http://www.lawyersclubindia.com/experts/if-she-refuses-to-take-talaq--483931.asp#.VRdLS46Iw3F
http://www.lawyersclubindia.com/experts/adoption-of-child-im-muslim-personal-law-516961.asp
http://www.lawyersclubindia.com/experts/how-to-get-my-child--515756.asp
