A young Indian mother from Kuwait on Monday moved the Supreme Court against a “custom” in Dawoodi Bohra parish that allows a man to have custody of his child, who is older than seven, without due process Woman to take over.

Fatema Quaid Zohar Challawala said the custom that allows the father to have “constant custody” is against the best interests of the child and the mother.

The petitioner, represented by attorney Sriram P., said the practice was clearly in violation of the Supreme Court rulings that the child’s well-being is of paramount importance in deciding on custody.

“Explain that the custom is unconstitutional,” the petition says.

The petitioner alleged that her 10 year old son had been forcibly taken from her.

“The custom violates the rights of the children of the Dawoodi Bohra community, as their custody rights are inconsistent with the rulings of the Supreme Court, which puts their welfare first. At the same time, the custom violates the rights of women … ”, the petition says.

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