Answer By law4u team
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.
