Asalamu Alaikum
We have been married for almost 6 years and have a 5 year old son. Since last 5 months my wife is staying with her parents and that prevents our child going to school and learn the Holy Quran.I am educating him in English medium school as well as teaching him Quran simultaneously but my wife opposes on this. I do not want to lose out on this time because this is the best age for him to learn as many things as possible.
She is not very educated herself (SSC only) while I have my Masters from Outside Bangladesh, she does not want something bright for our son for his future. I have a good job while she does not work.
I need your advice on the following:
1. Can I obtain legal custody of our son without divorce (so as to have him with me for educational purposes) as I do not want to divorce her for this reason
2. If yes, how (what is the legal procedure for this custody?) as per Bangladesh Muslim Family Rules.
3. Are there any other legal way for this matter?
Thank you for your time and consideration.
Regards,
Mainuddin
May 29, 2014 at 2:40 am
Answer 1 & 2: Yes you can file a suit in family court to get the child custody. But it's better if you wait till your child reach the age of 7. But still you can file a suit and get child custody. Court always consider welfare of the child.
Answer 3: No other way but you may arrange out of the court process or mediation through legal experts or responsible persons from both families who will help you and your wife to settle the metter through an agreement.
Raoman Smita
Advocate
Bangladesh Supreme Court
Call: 01675623096