You and your children may benefit greatly from hiring a child custody lawyer. They can help you feel less stressed overall, communicate better with your ex-partner, and increase your chances of obtaining custody.
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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Supreme Court of India
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In the Muslim community, custodial rights are mostly governed by an intricate framework of the most interconnected legal regulations, cultural customs, as well as religious laws. Grandparents' rights may become particularly complicated when it comes to custody of a Muslim girl child.
Child Custody matters: Overview
- Child custody matter is a state-based matter in India, every state has its own laws and guidelines. Many Indians would rather have joint custody than sole custody. Child custody does not have to be shared by parents; it can be shared or not.
- If parents are unable to reach a decision regarding joint or non-joint guardianship, the court will determine who will be granted sole custody of the child. If the parents can't agree, the court will typically ask them both what they want.
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.
Email:-helpdesk@sharksoflaw.com
Help Desk:-+91-88770-01993
Adv Vipul Singh Raghuwanshi
Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.
