Friday, January 27, 2012


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Q: 1   When the Right of a Female for the Custody of the Minor is Last?


A:                A female including the mother, who is otherwise entitled to the custody of a child, loses the right of custody:

1.                   If she marries a person not related to the child within the prohibited degrees, but the right revives on the dissolution of the marriage, by death or divorce.

2.                 If she goes and resides, during the subsistence of the marriage at a distance from the father’s place of residence.

3.                 If she is leading an immoral life, as where she is a prostitute.

4.                 If she neglects to take proper care of the child.

In default of the mother and the female relations mentioned above, the custody belongs to the following persons in the order given below:

1.                   The father

2.                 Nearest paternal grand-father

3.                 Full brother

4.                 Consanguine brother

5.                 Full brother’s son

6.                 Consanguine brother’s son

7.                 Full brother of the father

8.                 Consanguine brother of the father

9.                 Son of father’s full brother

10.              Son of father’s consanguine brother

Provided that no male is entitled to the custody of an unmarried girl, unless he stands within the prohibited degrees of relationship to her.

If there be none of these, it is for the Court to appoint a guardian of the person of a minor.

The father is entitled to the custody of a boy over seven years of age and of an unmarried girl who has attained puberty. Failing to father, the custody belongs to the paternal relations in the order stated above.

If there be none of these, if is for the court to appoint a guardian of the person of the minor.

SHIA SCHOOL: According to the Shia School the boy being more than two years old presumption according to Shia Law governing parties: that welfare of minor body lies in his custody being given to father. Father though having no independent employed at a handsome salary in Great Britain and wishing to take his son to Great Britain for his education. Mother not yet employed and resources of grandmother too meager for meeting needs of her large number of dependants. Boy’s wish not to go with father no worthy of credit in circumstances. Father though not regularly providing maintenance for child yet such failure in part not rebutting presumption of child’s welfare lying in being given in custody of father at his present age. Even otherwise minor, in circumstances of case, likely to fare better in custody of his father.

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