Section 74. Power to Court to make order for hadhanah. (ISLAMIC FAMILY ENACTMENT 1979

ENACTMENT No. 1 Of 1984
ISLAMIC FAMILY ENACTMENT 1979

PART VII - HADHANAH

Section 74. Power to Court to make order for hadhanah.

(1) Notwithstanding the provisions of section 69 above the Court may at any time by order elect to place a child in the hadhanah of any person mentioned in that section or if in exceptional circumstances the Court is of the opinion that the child should not be entrusted to the hadhanah of that person order that the child be placed in the hadhanah of some other person or institution whose objective amongst other things is to look after children's welfare.

(2) In determining in whose hadhanah a child should be entrusted the prime consideration is the welfare of the child and subject to that condition the Court shall observe-

(a) the wishes of the child's parents; and

(b) the wishes of the child, if he has attained the age of mumaiyiz.

(3) It shall be a rebuttable presumption that the interest of the child is best served by his being in the care of his mother but in determining whether this presumption should be rebuttable in any given case, the Court shall be guided by the fact that a frequent change in the hadhanah may probably disrupt the child's life.

(4) Where there are two or more children from a marriage the Court shall not be bound to place both or all of the children in the hadhanah of the same person but shall consider the welfare of each child separately.