Yes, a Muslim woman can seek custody of her child after divorce. Under Muslim personal law, the mother generally has the primary right to the custody of minor children, especially in the case of young children. This right is known as Hizanat and is recognized in both Shariat law and the Guardians and Wards Act, 1890. Key Points: Mother's Right: The mother has the first right to custody, particularly for young children. For a boy, this right generally continues until he reaches 7 years of age, and for a girl, until she attains puberty. Father's Right: The father is considered the natural guardian but usually gets custody after the mother’s right ends. Welfare of the Child: The paramount consideration is the welfare of the child. If the court finds that the mother is more suitable for the child's well-being, she may retain custody even after the usual age limits. Exceptions: If the mother remarries someone unrelated to the child or is deemed unfit (e.g., neglecting the child’s welfare), custody may be given to the father or another suitable guardian. If there is a dispute, the mother can approach the family court under the Guardians and Wards Act, 1890 to seek custody. Courts decide based on the best interests of the child rather than strict personal law rules.

Child custody is often a major bone of contention between the sparring couple. In case of a minor child, both the parents have an equal right over the child after divorce. If there is no mutual consent, the family courts decide who gets to keep the child and take his/her major life decisions. As per the Guardians and Wards Act 1890, the family court takes a decision on child custody but these can often be in conflict with personal laws. Therefore, to maintain a balance, the court always puts the best interests and welfare of the child above those of the parents. This implies that the child should be with the parent who can guarantee good upbringing, provide good education and ensure his financial interests. As per Hizanat under the Muslim personal law, the child’s custody rights rest solely with the mother till the child is seven years of age, except if she is considered unfit or incapable of raising the child.