Siva 15 July 2018

One of my cousin sister filed case against her mother

Dear experts,

One of my cousin sister has recetly filed a case against her mother..Detail matter is as below,

- Her father passed away and reportedly her mother gone slight mad and touturing to her daughter.

- Her age is now 18 year plus

- Since last two years one of her relative uncle took her to give proper study and gave her a bright future..But her mother was against the girl and mother willing that her daughter should stay with her..

- Recently with the help of her uncle, she filed a case against her mother that now she is 18 year old and she want to carry out her future with her own decision (all are supported by one of her relaive uncle)...Uncle also committed that he will settle for her marriage..

Now mother of the girl claiming that she is the original mother and she want to get back to her daughter (Although she cann not take care for her daughter, but only to show in the society)

Now daughter dont want to come back to mothers house.. In such case can the girl will win against her mother? what is the legal point of view?

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2 Replies

Raveena Kataria (Advocate ) 15 July 2018

Indeed, all parents are the legal guardians of their child till the child attains the age of 18. Thus in the situation given above, the daughter is perfectly entitled to move out of her mother's house and live as she pleases. Unless the daughter wants some kind of compensation from the mother (or her share in the family property, whatever it could be,) I don't believe she even needs to move her case to the court. Since she's 18 she does not require 'permission' from the court or some such to move out of her parent's house.

Siva 15 July 2018

Dear Raveena, Many thanks for your kind information..Now her mother puting many complaint against her own daughter and auncle (who is helping for her future) to take her back..

Lets see how the matter will go.