Custody of child

Querist : Anonymous (Querist) 28 December 2011 This query is : Resolved
A couple were divorced 15 yrs ago and the mother gave the custody of the girl-child to the father. the father re-married and has a daughter from the second marriage and the mother also married but again got divorced and is a divorcee now she did not had any child from the second marriage. Now the mother wants the custody of her child which is now 18 yrs old.Even the child wants to come to her real mother as her step mother does not treat her well but her father loves and cares her, so how it would be possible for the mother to take her child's custody as the welfare of the child is done quite properly but just her step mother does not treat well . So, on the grounds that the child too wants to go to the mother and as she is 18 yrs now so can she go back to her mother? how it can be legally solved? please help...

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M.Sheik Mohammed Ali (Expert) 28 December 2011
yes you can file custody of child, at the time of trial your daughter tell willing to go with my mother, then the court may order.

prabhakar singh (Expert) 28 December 2011
""Now the mother wants the custody of her child which is now 18 yrs old.?????????""

How custody of a major can be given to some one???????
She is free to lead her own life without any custody of her parent.Custody is the rule to apply during minority of children.
If she listens you on her to live with you then it is her own wish.if she denies to live with you that is also her own wish.

Nadeem Qureshi (Expert) 28 December 2011
Mr. Prabhakar Is rightly explained , when the girl is adult then there is no question for custody, if the girl is willing ti live her mother then noone can stop her to live with her.

Deepak Nair (Expert) 28 December 2011
I agree with Prabhakar Sir.
Your daughter is a major and she has the right to chose where to go and with whom to live.

Devajyoti Barman (Expert) 28 December 2011
Yes since the child has attained the majority it is now her prerogative to choose from whom she wishes to stay.