Section 75. Power of Court to make order for custody. (ISLAMIC FAMILY LAW ENACTMENT 1983

ENACTMENT NO. 1 OF 1983
ISLAMIC FAMILY LAW ENACTMENT 1983

PART VI - HADHANAH OR CUSTODY OF CHILDREN

Section 75. Power of Court to make order for custody.

(1) Notwithstanding any of the provisions of section 70 the Court may at any time by order place a child in the custody of any of the persons mentioned in that section or, where there are exceptional circumstances making it undesirable that the child be entrusted to any such person, of any other person or of any association the objects of which include child welfare.

(2) In deciding in whose custody a child should be placed the paramount consideration shall be the welfare of the child and subject to this the Court shall have regard-

(a) to the wishes of the parents of the child; and

(b) to the wishes of the child, where he or she is of an age to express an independent opinion.

(3) There shall be a rebuttable presumption that it is for the good of a child below the age of seven years to be with his or her mother but in deciding whether that presumption applies to the facts of any particular case, the Court shall have regard to the undesirability of disturbing the life of a child by changes of custody.

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