Muslim law
Syed Ali
(Querist) 03 February 2013
This query is : Resolved
Sir, I have divorced my wife in Dec, 2009. I have two daughters aged 14 and 11. The custody of the children under Muslim Personal Law rests with whom as both the parents wants to have.
B.B.R.Goud.
(Expert) 03 February 2013
until the major, they shall be with their mother only...
Nadeem Qureshi
(Expert) 03 February 2013
Dear Syad Ali sahab
no need to worry about it, you should filed a petition for appointment of Guardian u/s 25 of guardian and wards act
25. Title of guardian to custody of ward.-
(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return, and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the 1[ Code of Criminal Procedure, 1882 (10 of 1882 ).
(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.
Along with the Injuntion/restriction order under order 39 rule 1 &2 of CPC
Feel Free to Call
