Do You Know The Child Custody Laws As Per Muslim Law?
When the parties are Muslim religion, the custody law is applied as per the Shariat Law. The duties, rights, and liabilities of guardians are mentioned in the Guardians and Wards Act, 1890. As per section 4 of the act, “guardian” is a person having the protection of a minor or of his property or of both his person and property. “Minor” is the one who, under the provisions of the Indian Majority Act, is to be deemed not to have reached his majority. “Ward” is the minor for whose property or person or both there will be a guardian.
As India is a secular country, the laws respect each and every religion. Indian laws give privileges and protection to religion laws. Thus the personal laws are considered in divorce and custody matters. You can consult with divorce lawyers Kolkata for any type of custody matters.
In Muslim law, the custody of a child is called Hizanit. Literally it means that care of an infant. According to Shariat law, the father is treated as the natural guardian irrespective of sex. The custody of a boy given to mother up to 7 years of age and custody of a girl given to mother up to puberty is attained. This is because as per the Muslim law a male attains majority when he becomes seven and females become the majority on attaining puberty. The divorce advocates of Kolkata can help you to get more details about it.
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