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Wanasheria naombeni mawazo yenu - mtoto anahusika!

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by noella, Sep 21, 2012.

  1. n

    noella Senior Member

    #1
    Sep 21, 2012
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    Wadau nahitaji msaada wa mawazo ya kisheria.

    Nina mtoto mmoja ambaye baba yake hatupo pamoja kwa sasa na hataki kukubaliana na ukweli,kila siku anakaa akijua ya kuwa tutakuwa wote for the sake of the child, ambapo nimemwambia haiwezekani.

    Kilichonifanya niandike hapa ni vitisho kutoka kwake kuwa akifika miaka saba atamchukua. Kwakweli sijui sheria zinavyosema kuhusu situation kama hiyo.

    Nahitaji msaada please ili nijue jinsi ya kukabili swala hili hapo huo muda utakapofika. Asanteni.
     
  2. mwaJ

    mwaJ Tanzanite Member

    #2
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    Hatamchukua mtoto kienyeji. Ikifika wakati huyo baba itabidi aende mahakamani kuomba custody ya mtoto. Hivyo nawe utatakiwa uyapinge hayo maombi yake kwa kuonesha kuwa una uwezo wa kumtunza huyo mtoto. Mahakama itapima hoja za pande zote mbili na kutoa uamuzi. Hata hivyo mahakama pia inaweza kutoa uamuzi kwa kuangalia the best interests of the child.
     
  3. Tram Almasi

    Tram Almasi JF-Expert Member

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    Kwani sheria za nchi zinasemaje kuhusu custody ya mtoto akifikisha umri huo?
     
  4. n

    noella Senior Member

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    Asante mwaJ.

    Angalau sasa umenifungua akili. mana anataka kutumia mabavu anasema haogopi sheria mbele ya mtoto wake.
     
  5. mwaJ

    mwaJ Tanzanite Member

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    Tram Almasi generally speaking a child born in wedlockbelongs to the father (however, under the matrilineal societies a child belongsto a mother).
    In the Law of Persons, 1963 it is providedunder section 175 that a child born in wedlock belongs to the father. While theLaw of Marriage Act, 1971 (LMA) which governs marriage and divorce in Tanzaniaprovides that a mother can have custody of a child. The guiding principle hereis the welfare of the child.

    Section 125 of LMA provide for custody ofchildren after divorce that may be granted either to the father or mother orany third party who is in position to provide for welfare of the children.

    Section127 provides for principle of welfare of child and in determining custody ofchildren the welfare of the child is paramount and the court will grant custodyto the one who is in better position to grant custody, however court alwaysprefer before deciding on granting custody divorce parties to agree themselvesto whom the child will leave with.

    Welfare of the child includes food, clothes, shelter, education, culture aswell as good moral or attitude of the parent. It is not only a matter offinancial position of the parent.

     
  6. mwaJ

    mwaJ Tanzanite Member

    #6
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    noella dear usiogope, akitumia mabavu wewe kimbilia mahakamani ukaombe hiyo custody. Utatoa sababu za msingi za kuiomba mahakama ikupe hiyo order ya kubaki na mtoto.
     
    Last edited by a moderator: Jan 4, 2016
  7. Tram Almasi

    Tram Almasi JF-Expert Member

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    MwaJ, thank you very much. what about this case,''It was an Islamic marriage, then the two divorced, they had a child who was 6yrs and 5 months at the time of divorce.The court granted custody to the mother after a long battle btwn the 2 parents starting from social welfare office and ended up in court. The magistrate stated that, custody is granted to the mother, the father is supposed to cater for the child in terms of food,shelter and education. The father was told to pay 5000Tshs for the child daily,pay school fees and he is supposed to visit the child at the time arranged by the mother but not after 6.00pm. Lastly magistrate stated that the father can collect the child only when ''atakapokuwa na akili ya kujitambua''(when the child is older enough to know what he wants).Hapa kwenye color ndio nataka kujua inakinzana vipi na sheria or is that right? Maana mtoto kujitambua si mpaka awe na miaka 18 au?
    MwaJ hopefully u will unwrangle this.
     
  8. mwaJ

    mwaJ Tanzanite Member

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    Prior to uniform codification of the Marriage Act in 1971,custody of Muslim children was administered under Islamic Law. Since I don't knowwhat was submitted by each party before the court, the court might have consideredthe best interests of the child/welfare of the child when granting custody to themother. That might also be the reason when the court decided that the father will secure the custody after the child is older enough to know what he wants.

    When the child is older enough he/she will decide which parent he/she wants to stay with and the court will have to agree with what the child wants.

     
  9. mwaJ

    mwaJ Tanzanite Member

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    Sio mtotompaka awe na miaka 18 ndio aweze kujitambia. Kwanza miaka 18 sio mtoto huyoanaanza kuhesabiwa kuwa ni mtu mzima.
     
  10. Tram Almasi

    Tram Almasi JF-Expert Member

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    Nasikiaga wanasheria wanaitana ''Laerned Brother'' sasa kwako nasemaje ''Learned Sister?'' au hyo brother ni kivumishi ambacho ni genderless? Mpaka hapo nitakaposahihishwa naomba niseme asante na ikupendeze ''my learned sister'' kwa ufafanuzi mzuri.
     
  11. mwaJ

    mwaJ Tanzanite Member

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    Thanks. Ni mpaka na wewe uwe mwanasheria ndio unaweza kumwita mwanasheria mwenzio hivyo - learned brother/learned sister.

    Leo sijui kwa nini nimeingia hili jukwaa. Ni mara chache sana huwa naingia jukwaa la sheria.
     
  12. Tram Almasi

    Tram Almasi JF-Expert Member

    #12
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    MwaJ,Si vibaya umeingia na sie tumeelimika atii.
     
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