Friday, January 27, 2012


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Q 7    Upto What Age of her Minor Children is a Mother Entitled to the Custody of their Person and when does she lose the right of Custody.


A:                The Mother is entitled to the custody (hizanat) of her male child until he has completed the age of seven years and of her female child until she has attained puberty. The right continues though she is divorced by the father of the child unless she marries a second husband in which case the custody belongs to the father.

                   Failing the mother, the custody of a boy under the age of seven years, and a girl who has not attained puberty, belongs to the following female relatives in the order given below:

1.                   Mother’s mother, howhighsoever

2.                 Father’s mother, howhighsoever

3.                 Full sister

4.                 Uterine sister

5.                 Consanguine sister

6.                 Full sister’s daughter

7.                 Uterine sister’s daughter

8.                  consanguine sister’s daughter

9.                 Maternal aunt, in like order as  sister

10.              Paternal aunt, also in like order as sister


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.



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