salam sir my inlaws possessed my two sons,they dont allow me to meet them even there is no separation between me and my husband. they made me get out of their home while insulting me.they have done this bad act 4 times in past.my inlaws also tortured me.please guide me/ jazakallah
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It is a well settled principle that the mother has right of Hizanat of her female child till such child attains puberty and of her male child till he attains age of 7 years unless Court comes to conclusion that due to certain reasons such as her being of unsound mind, her leading immoral life, her being entered into second marriage. However, the paramount consideration in the matter of the custody of a minor of tender years is the interest of the child rather than the rights of the parents.
Muhammad Law gives the mother a right to custody of minor, even though the father is a person who is entirely fit to be the guardian of his child. If the child be removed from the custody of the mother, even though the person who takes away the child be the father, who is the guardian himself, section 25 of Guardian & Wards is applicable. Therefore, you can file an Application under section 25 of the Guardian and Wards Act, 1890 before the competent Court Family Judge for custody of both minors.
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in the very fist instance file a habeas corpus petition in the concerned high court , and get a bailiff from theHigh Court or in alternate get a direction to the local SHO of POlice to procure the persons of the kids and produce them in the Court, thereby u get the custody of ur kids eventually and secondly file a complaint in the local police station for their being cruel towards u
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