I am a Divorcee living with my aprents and son aged 6 1/2 years. I was a catholic and converted to Muslim to marry my husband in Dec 2002. We separated in April 2004 and i returned from my marital home in Chennai to live with my parents in Hyderabad. I later filed a case under 498A,406 and ss 3&4 od Dowry prohibitiojn act in April 2004. As a counter blast my husband filed Restitution of Conjugal rights in August 2004. He was not given relief from this case.
A maintainence petition was filed by me in Sep 2004 and an amount of 2000/- was fixed for my son in 2006. My ex- husband has not been paying the said amount for a year now. He was acquitted from 498A in Feb 2010.
I was given a talaq by him in 2008 and he is remarried.,
My queries:
- As i was married as per Islamic rites and rituals, as per the sharia, he can claim for custody of my son when he turns 7. How do i avoid this? Or what should be my course of action so that i could retain the custody of my son.
He is remarried. I am single