What if a spouse wants to relocate during divorce?

In Faskh cases, a Muslim wife or husband may relocate, but the Family Court evaluates whether relocation affects child custody, visitation, or maintenance obligations. Courts follow the Guardians and Wards Act, 1890, which applies across religions. If relocation could:

  • disrupt schooling,
  • hinder access to the other parent,
  • or appear to be an attempt to defeat custody claims,
    the court may restrict movement or require court permission.
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