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HIDAYATHULLA KHAN (Business)     04 April 2012

Custody

Sir there is some problem between me and my wife this problem has started due to my inlaws interference now they are threatning to file a divorce case both in shariah court and civil court I have got two kids from our marriage one is 3years and the other is 1.5years both of them are male childs the kids are with me but my wife has gone away leaving the kids and is now planning to blackmail me asking for the kids but i do not want to give the kids to her she cannot take care of them and just want me to blackmail so could you plz let me know how i can save my childrens from going to her hand.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 April 2012

As per Islamic/Shariat Law - the mother is entitled to Hizanat(Custody) of the children in Sunnis Male Child upto 7 years and in Shias upto 2 years, after which father has a right. In all probability to blackmail they might seek custody of child under Guardians and Wards Act, you can oust her claim by pleading that her custody is not conducive to the overall welfare of the children. 

HIDAYATHULLA KHAN (Business)     06 April 2012

Sir in this case wife was married earlier and had one female child and after her divorce in 2007 i was married to her later in 2010 her first husband put a case of g&w and claimed the child in b/w the case my in-laws and the first husband came to compromise and handed the female child to the husband.

From my marriage we had two male childrens now after the first case was compromised now my wife has started to quarrel with me on silly reasons and i had filed a case at shariah court there my inlaws and wife played a game and behaved as if they are innocent and tried to show their good behaviour and told we donot want to break their relationship and left without giving a written reply and from their the next day my father inlaw took my wife along with him leaving the childrens here only and it has been since 10 days and she has not even called to enquire the status of my childrens. now i came to know through some reliable sources that she and her parents are contacting legal experts such as to take the custody of the childrens as they all know that  cannot leave without my childrens.  In this case can i take antespitory bail is it possible and to avoid giving the custody of my childrens what is the best way at any cost i donot want to give the custody she just wants to play with my feelings. please help me  plz  

HIDAYATHULLA KHAN (Business)     09 April 2012

 

Sir in this case wife was married earlier and had one female child and after her divorce in 2007 i was married to her later in 2010 her first husband put a case of g&w and claimed the child in b/w the case my in-laws and the first husband came to compromise and handed the female child to the husband.

From my marriage we had two male childrens now after the first case was compromised now my wife has started to quarrel with me on silly reasons and i had filed a case at shariah court there my inlaws and wife played a game and behaved as if they are innocent and tried to show their good behaviour and told we donot want to break their relationship and left without giving a written reply and from their the next day my father inlaw took my wife along with him leaving the childrens here only and it has been since 10 days and she has not even called to enquire the status of my childrens. now i came to know through some reliable sources that she and her parents are contacting legal experts such as to take the custody of the childrens as they all know that  cannot leave without my childrens.  In this case can i take antespitory bail is it possible and to avoid giving the custody of my childrens what is the best way at any cost i donot want to give the custody she just wants to play with my feelings. please help me  plz  


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