Custody Rights Of Maternal Grandmother Of A Muslim Girl Child

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Updated: 29-03-2024

Child Custody under Muslim Law

As per Child Custody under Muslim Law, the "Custody of the child" refers only to the child's physical possession (custody) at a given age.
According to Islamic law, a mother may keep custody of her male kid until he turns seven years old, and she can keep custody of her female child until she reaches puberty, which is often around the age of 14 or 15 years old, unless she is proven guilty of misbehaviour. If not, the father serves as a natural guardian.
The natural guardian in the event of the father's absence is the father's executor, grandfather, or grandfather's executor. When the Guardian and Ward Act and Muslim law collide, the Guardianship and Wards Act wins out.

Custodial Rights of Muslim Girl Child

For Hanafis, a mother is entitled to custody of her daughters until they reach puberty; for Malilikis, Shafiis, and Hanabalis, the mother's custody rights extend until the daughters get married.

The following female Malikis are eligible for custody in the event that their mother is absent:

Maternal Grandmother
Maternal Great Grandmother
Maternal Aunt and Great Aunt
Full Sister
Uterine Sister
Consanguine Sister
Paternal Aunt

Why in the News?

Facts:

In the case of Javeriya Fatma & Anr. v State of UP & Ors, the petitioner, who identified himself as the girl's father, claimed that the respondents were illegally detaining the infant, who was around seven months old.
The petition argued that once her mother passed away, the youngster was sent to her maternal grandparents. But when the grandparents were asked to bring her back, they supposedly refused, which is why the petition was filed.

Issue:

Is Custody with Maternal Grandmother of a Muslim Girl Child legal or illegal?

Decision by the Court:

Given the terms of the Guardianship and Wards Act and the relevant personal law, the petitioner's (a little girl child) custody with maternal grandmother following her mother's death would not appear to be unlawful at first glance.
The Bench concluded that as there was no evidence of improper custody, the petition could not be entertained.

Role of Child Custody Lawyers

Knowledge of Negotiation: Negotiations settle a large number of child custody disputes outside of the courtroom. A knowledgeable child custody lawyer can negotiate conditions on your behalf and make sure your child's best interests are taken into consideration. Their knowledge could result in a quicker settlement and less psychological suffering for all parties.
Appropriate Recordkeeping and Legal Requirements: A court case necessitates a pile of papers. Each and every assertion you make needs to be supported by relevant data. A lawyer who specializes in child custody knows the best on how precisely and what paperwork is required to be done and how it needs to get presented, and ensures that all the legal requirements are met at the same time.
Increased Prospects of Obtaining Custody: You can possess and have very little chance of getting or obtaining custody of your child if you do not have a trustworthy and the best lawyer by your side.

Sharks of Law is a one-stop legal destination of repository of child custody lawyers in Delhi expertise in custody laws possessing the highest legal qualifications in child custody matters. You can find a lawyer who satisfies your legal needs with this law firm. The legal professionals at Sharks of Law have the necessary experience to offer you legal consultation in the areas of child custody matters where you need it.

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