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If the parents are separated, who will have the child?

Manjit Sing

Although divorce is frowned upon in Islam, it is recognized as religiously valid.

Although divorce is frowned upon in Islam, it is recognized as religiously valid. When it is no longer possible for the husband and wife to live together, the option of separation through divorce is reserved.

According to the Muslim family law in Bangladesh, either husband or wife can divorce. However, the wife’s power to divorce is conditioned. The biggest victim of this divorce is the child of the couple. Complications arise especially with regard to child custody or maintenance, alimony etc. Many people have to go to court with these complications.

Who has guardianship:
According to the Guardian and Guardianship Act 1890, the father is the actual legal guardian of the child. However, if the parents are separated, the mother has the legal right to keep the child for a certain period of time for the sake of raising the child. However, even at that time, the maintenance must be given to the father.

Who is the natural custodian of the child:
In case of separation between the husband and wife, the child will normally remain in the custody or maintenance of the mother till the age of seven years in the case of a boy and puberty in the case of a girl. In this case the father is the legal guardian but the mother is the custodian or custodian of the child. However, the father will have the right to see the child during this time. After this time the children can be taken by their father if they want. If the mother wants to keep the child in her own custody even after this period, then the permission of the court must be taken.

Go to a court:
According to the provisions of Section 5 of the Family Court Act 2023, the Family Court has jurisdiction to receive, try and settle any litigation related to guardianship and supervision of children. In such cases, the court takes into account what is best for the welfare of the child.

In this case also considers financial solvency, whether there is anyone in the father’s family to raise the child, whether he is addicted to drugs or not. In this case, if it is agreed, the custody is shared between the two people. Maybe two days a week with the father and the remaining five days with the mother, this is also given. However, the court gives the opportunity to spend time visiting the child of the other party, regardless of who has custody. Even if you are deprived of that opportunity, you can take recourse to the law.

Can The child’s opinion be accepted:
The opinion of the child is always important in awarding custody or responsibility. In this case, the court also accepts the opinion of the child. However, many times, the custodial parent may influence or intimidate the child to take an opinion. So even after taking the opinion of the child, the court observes it. Therefore, although the opinion is a matter of consideration, liability is not given solely on the basis of the opinion of the child. In this case, the court tries to decide whose custody will actually be in the child’s best interest. For example, the advantages and disadvantages of maintenance or upbringing are also considered in this case.

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