(c)
Subject to the provisions of sub-section (1) of section 119, the right of a female custodian to custody shall
lapse where she domiciles in a country wherein it is difficult for the ward's guardian to discharge his duties.
Return of custody to whoever it may have elapsed therefrom
122.
Custody shall return to whoever it may have elapsed therefrom, whenever the cause of its lapse has been
removed.
Visit to A Child in Nursing
123.(a) Where the ward is in the custody of one of the parents, the other shall have the right to visit him and
accompanying him, provided that the judge's order to visit and accompany the ward shall be covered by urgent
execution;
(b)
one of the ward's parent is dead or absent, the relatives of the ward of the prohibited degrees shall have the
right to visit him, as the judge may prescribe;
(c)
ward is with other than his parents, the judge shall appoint whoever may be entitled to visit him, from his
relatives of the prohibited degrees.
Entitlement of custody charge
124.
Custody is work, for which a female custodian is entitled to charge; according to the consanguineous
relative's condition, solvent, or insolvent.
Cases of non-entitlement to custody charge
125.
A custodian shall not be entitled to charge in any of the following cases, namely: (a)
the female custodian being a mother in the waiting period of a restrictive or irretractive divorce from the
father of the ward;
(b)
the ward exceeding the age of women's custody, and the judge permits continuing custody up to majority
for a male, and up to marriage for a female.
Entitlement to dwelling rent
126.
A female custodian shall not be entitled to dwelling rent where she owns a dwelling in which she resides
or is married, and the infant is with her.
Book II Separation between Spouses
Separation modes
127.
Separation between spouses shall occur by any of the following’s modes, namely: (a)
husband's will, which is named divorce;
(b)
two spouses' will, which is named "khula" or divorce for money;
(c)
judicial decree, which named divorcing or rescission;
(d)
death of one of the spouses.
Part I Chapter I Divorce
Definition of divorce
128.
Divorce is the breakage of wedlock, in the form laid down by Sharia therefor.
Cases of divorce being inflicted
129.
Divorce is inflicted: (a)
by express word of mouth or in writing; and upon disability in both, then by understandable sign;
(b)
by writing, where the husband intends to inflict divorce.
Cases of non-inflicting divorce
130.
There shall not be inflicted the divorce, which is: (a)
dependent on doing, or leaving an act; save by intent;
(b)
perjury on an oath of divorce, or the prohibited;
(c)
coupled with number, by word of mouth, in writing or by sign, save one retractive divorce.
Consecutive divorce
131.
Consecutive divorce shall be inflicted as one divorce, where it is intended to be as assurance; otherwise it
shall be inflicted in the number thereof.
By whom divorce may be inflicted
132.
Divorce shall be inflicted by the husband, his agent or the wife where the husband invests her with her own
status.
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