Law:

Section:

Islamic Law---.--- ---.---- Custody of female minor---.---Welfare of minor was the paramount consideration in determining the custody notwithstanding the right of the father or mother---.---Mother could not be refused the custody of minor solely on the ground that she had no independent income of her own---.---Father was supposed to provide maintenance and mother's inability to provide maintenance would not disentitle her, from the custody of minor---.---Grounds on which the mother would be disentitled or lose the right of custody of minor enumerated---.---No such disqualification, in the present case, was attributable to the mother, High Court taking into consideration the welfare of the minor gave the custody of the minor to the mother till the minor attained the age of puberty and directed the father to pay for the maintenance of minor including school fees, clothes etc. Decisions relating to custody of minors, are regulated under Islamic Personal Law and there is consensus amongst the Muslim Jurists that, for her right of custody (Hizanat), the mother is entitled to keep the custody of male child up to the age of 7 years, when he becomes independent, himself capable of shifting, drinking, eating and performing other natural functions without assistance and thereafter the custody devolves upon the father or next paternal relation. Thus the right of the mother to custody in respect of male child ceases at the age of 7 years. The right of "Hizanat" qua a female child pertains to mother till the appearance of menstrual discharge i.e. age of puberty. Thereafter, father becomes entitled to the custody of female child. Besides, the mother having the custody of child becomes disentitled or loses the right of custody of a minor, on the following 'grounds: (1) If she marries a person not related to the female child within the prohibited degree, or (2) if she goes and resides during the subsistence of the marriage, at a distance from the minor's father's place of residence, or (3) if she is leading an immoral life, as where she is a prostitute; or (4) if she neglects to take care of the child. While deciding the cases pertaining to the custody of minors, the paramount…

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