Dawoodi Bohra community child custody custom challenged
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A younger Indian mom primarily based in Kuwait moved the Supreme Court on Monday in opposition to a ‘custom’ within the Dawoodi Bohra community which permits a person to take over from his estranged spouse the custody of their child who’s above seven with none due strategy of regulation.
Fatema Quaid Zohar Challawala stated the custom which permits the daddy “continuous custody” was in opposition to the welfare of each the child and the mom.
The petitioner, represented by advocate Sriram P., stated the custom was in clear violation of the Supreme Court verdicts which have persistently held that the welfare of the child is paramount whereas deciding custody.
“Declare that the custom is unconstitutional,” the petition stated.
The petitioner claimed her 10-year-old son was forcibly taken from her.
“The custom violates the right of the children of the Dawoodi Bohra community as their custody is not in accordance with the judgments of the Supreme Court, which keeps their welfare paramount. At the same time, the custom goes contrary to the right of the wife…” the petition stated.
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