A woman, who has separated from her husband, has refused the custody of her three children.

The couple have three children, a 12-year-old girl and a 10-year-old boy while the youngest is a seven-year-old girl.

The woman has asked the court to allow her to keep her younger daughter, who is studying in standard II, till she completes her final examinations.

The woman’s counsel Sunita Jangam said that her client has refused custody of the three children as she will be living with her father in a small, two-room apartment, which is also occupied by her married brother and his family.

According to Jangam, her client gave a purasish (voluntary submission) to the court saying that she does not want custody of her children.

Legal experts told DNA that this is a rare case where the mother has refused custody of her children.

According to the Shariat law, the custody of minor children, particularly girls, is normally given to the mothers.

Judicial magistrate (first class) Umeshchandra More on February 11 passed an order, asking the father — a transporter — to keep his three children. The court has asked him to allow the three children to visit their mother on Sundays and during festivals.

The woman had filed a complaint at the court under various sections of the Domestic Violence Act, 2005 last July, alleging that she was often harassed and tortured by her husband, who suspected her of having illicit relations.

The defendant’s lawyer MS Sayyad has denied allegations levelled by the complainant.

The court also ordered the husband to pay the woman Rs1,000 towards house rent every month, besides Rs2,000 for monthly expenditure.

The two had got married on September 10, 1995 as per Muslim rituals. 

Prashant Aher/ DNA-Daily News & Analysis Source: 3D Syndication