Under the Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 6 confers a statutory right of custody of minor children to a married Muslim woman following the pronouncement of talaq by her husband, notwithstanding her remarriage or any other law currently in force.
Legal Framework
Section 6 unequivocally stipulates: “Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.”
Who May Apply
The provision explicitly applies to any married Muslim woman upon whom talaq has been pronounced. The fact that the woman is entering into, or is already in, a third/any marriage does not bar her right to apply for and seek custody, unless the child’s welfare is demonstrably compromised due to specific circumstances associated with the new marriage or otherwise, as determined by the Magistrate
Key Legal Points
The statutory right under Section 6 is overarching, operating regardless of potentially contradictory provisions in the personal law or any other enactment.
Remarriage does not automatically disqualify the mother from claiming custody unless negative effects on the minor’s welfare are established in evidence during proceedings.
Conclusion
In summary, a Muslim wife, including one who has remarried for the third time, has a legally enforceable right to claim custody of her minor children under Section 6 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, subject only to the paramount consideration of the children’s welfare as determined by the Magistrate.
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 Act, 2019 – Applicability to Remarried Wives){kind=link}
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