I am a muslim working woman who married under proper muslim nikhanama 10 years back and I have a 9 years old son. After 8 years of marriage, I came to know that my husband was having an affair with a girl of other region which started before marriage. All these years, he also has had taken out all the money from my accounts, done domestic violence. I have reached police with complaint, but I couldnt file any written complaint or FIR because of his political influence. He agreed to pay back the amount he has taken from my accounts but in the form of alimony and maintenance towards my son as a one time settlement. He also agreed that I can keep the custody of my son, while he can have a visitation rights. I have taken a khula under wakf board where he paid half of said alimony and maintenance amount and at the same time filed my divorce petition in family court with child agreement made, wherein upon final decree, he had the pay the remaining amount including childs maintenance. However since 1 year, he's not receiving summons, not incorporating in the process and has done two marriages, one with that other religion girl without any one knowing and other with a Muslim girl to show in front of society. Also his younger brother has done similar 3 marriages and the moral conduct of his family is questionable Can I now stop the visitation rights of father based on his and his family's moral conduct? . I am ready to take exparte in case he is not coming to the court for next two sessions, but what will happend to the child custody agreement?
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You cannot stop his visitation rights merely because he has married again
get exparte decree
if husband fails to pay balance amount as maintenance take out contempt of court proceedings against your husband for failing to pay maintenance
you can also file application seeking maintenance for your self
Hi, You can't avoid visitation rights of your child on the basis of the moral conduct of the husband. But you can argue the same. Whether your argument will upheld by the court will depend upon facts and circumstances of the each case.
If he is not Co-operating you can do that but it may trigger custody issues between you and him if he is not allowed. The court will decide child custody on merits
- As per Muslim law , Khula is a form of mutual divorce , and when you have taken the Khula then court can pass its decree on this ground .
- Further , as per Supreme Court, even a Muslim cannot marry with other lady without taking the consent of first wife , hence you can file a compliant against him as well.
- Further, even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
- The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered.
- Hence, being mother of baby child, you are the only & fit to get full custody legally.
- Further, to win sole physical and legal custody, you should show, the court that awarding you custody is in the best interests of your child due to factors such as your existing relationship with the child, stability of the home life you provide, fathers having more than one wife hence he is morally not fit for even having visitation right .
Dear Client,
You can apply to the concerned family court for the same. If the court thinks that it would be in the best interest of the child to terminate such rights. It shall do the same.
Thank you
If there is no court order granting him visitation rights and as the child is under your care and custody, you may better stop him from visiting your child.
You can ask him to approach court and obtain an order to visit the child as per court order, which can be challenged by you on the basis of the contents what you have mentioned.
Dear Madam,
Yes, in his absence his visitation rights to be withdrawn and his conduct may reflect on the child so you can seek cancellation of such visitation rights on such grounds also.
