My daughter is refused to stay with me.

Suraj Kumar (Querist) 09 October 2024 This query is : Resolved
My daughter is 16 years old & taking school fees, books, dress, health drinks, daily expanses from me. After taking maintenance from me, my wife brainwashed my daughter in such a extent that my daughter is refusing to live at my home.

I have decided to completely stop bear expanses I volunterly bear for my daughter.
1)Can I stop paying maintenance of my daughter ?
2)Can I approach court for direction upon my daughter in execution (maintenance)case ?
3)Any other advice so that my relation with my daughter normalised.

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A father is seeking advice after his 16-year-old daughter, who he supports financially, refuses to live with him, allegedly due to his wife's influence. He questions whether he can stop maintenance payments or seek court intervention. The consensus is that while a 16-year-old can choose where to live, and he cannot be forced to pay maintenance without a court order, he has a moral and legal responsibility to support his daughter regardless of her living arrangements.

T. Kalaiselvan, Advocate (Expert) 09 October 2024
Your daughter is 16 years old hence she will be able to take decision on her own whether to stay with you or with her mother, you cannot force her to live with you.
As there is no court order to give her maintenance it is your decision to continue to pay the maintenance amount or not anymore.
If you file a child custody case, by the time the case will be disposed, she will become major by age hence there is no reason for child custody

kavksatyanarayana (Expert) 09 October 2024
You stated, "You have decided to stop bearing expenses I voluntarily bear for my daughter." That means you and your wife are living separately and paying maintenance for both your wife and daughter. Your query is not clear to me.

Sudhir Kumar, Advocate (Expert) 11 October 2024
You can be very well forced to pay maintenance which include medical and matrimonial expenses of your child.

You cannot compel her to live with you as bargain of expenses.

Suraj Kumar (Querist) 11 October 2024
When I asked my daughter to live with me, and my daughter refusing without any reason, then why I pay maintaince for my daughter.

kavksatyanarayana (Expert) 11 October 2024
As a father, it is your responsibility to support your daughter until her marriage or until she gets a job.

Sudhir Kumar, Advocate (Expert) 12 October 2024
You have to pay maintenance. Come what may.

There is no pre-codition that the dependent should live with you against his/her wish.

If you want to annoy the judiciary then it is your choice.

Dr. J C Vashista (Expert) 13 October 2024
I fully agree with the experts on both counts.
Being mature enough to stay with you or not , your daughter cannot be compelled, however, she can be convienced/ persuaded, if you have so much affection, attachment and love with her.
Since there is no maintencance order passed by competent court you may or may not bear her expenses, no one can compel.
However, legally, socially, morally and emotionally you are required to maintain your daughter and wife.

P. Venu

(Expert) 18 October 2024
Yes, you are bound to pay maintenance to your daughter irrespective of her unwillingness to stay with you.

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