• Difference in handling a daughter

My daughter has drug addiction. She wanted to live alone so that she is not disturbed. My husband has put her in a pg accomodation where there is no check and protection. I demand custody of my daughter so that i can put her in the right direction with due protection and monitoring. She is 23 years. She is financially dependant.
Asked 11 months ago in Family Law from Faridabad, Haryana
Religion: Hindu
Since she is 23 years old you can seek her custody.
The custody of a person who has attained majority can be sought for only if he is declared as mentally insane by a civil court.
You can ask for her admission in rehabilitation center but again you can not force your daughter in doing so.
Counsel her and pass more time with her to make her understand the medical treatment is essential for her recovery.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
1) your daughter is not a child . she is fully grown adult 

2) there is no question of custody of adult daughter

3)keral high court in case of Rajmohan M.S vs State Of Kerala  in WP(Crl.).No. 373 of 2009(S)
     held    A person who has attained majority, is in the eye of law, a person and a citizen entitled to all rights and privileges under the Constitution. There can be no question of an adult major woman being kept in the "custody" of anyone else against her wishes, desire and volition. Even if it be the parents, such custody cannot in the absence of better reasons be justified. 

4) There is no contention that she suffers from any debility which obliges her to be in the "custody" of any other. An adult major woman residing with her parents or husband cannot be held to be in the "custody" of such parent or husband as to deny to her, her rights to decisional autonomy and to decide what is best for her. Parental authority would certainly extend until a child attains majority


5) The theory that until marriage a woman must be under the custody and confinement of her father and thereafter in the custody and confinement of her husband cannot possibly be accepted in this era. Such an adult person is certainly entitled to take decisions which affect her. Parental authority or matrimonial authority will not at any rate give right  to such parent or husband to keep such woman under restraint, confinement or detention against her will. 


6) The parental authority may extend to advice, counsel and guidance. But certainly, it cannot extend to confinement, detention or improper restraint against the wishes and volition of the adult major daughter. Right to take decisions affecting her will certainly have to be conceded to her even assuming that, decisions taken may at times or in the long run prove to be not wise or prudent
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Hi, As your daughter is major you can't file a petition for custody.

2. You can treat her in good hospital and sent her for rehabilitation center. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
In your case law is not help you. Your daughter is major and considered as a citizen of India. Best option is convey the problems to husband and try for a treatment and consult a physiologist and save your child life   .
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
You cannot seek the custody of an individual who has attained the age of 18 years except if he/she is physically or mentally disabled. So unless your daughters incurs a physical or mental disability none of her parents can seek her custody. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
custody can not be given to your or any other person until and unless your proved that she is unsound mind and unable to maintain herself.

she is major now and has all the right provided by the constitution of India, if there is any nuisance due to her then you may file a complaint before the SDM/DM and pray for rehabilitation and send her to any Medical Institute.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Custody for an adult child cannot be sought for.
There is no provision for seeking custody of an adult child. 
The adult can decide about their future themselves.
If your child is mentally retarded or insane, then you can apply for guardianship before a court of law for the mentally retarded child. 
The question is not about the financial dependency.
It becomes the duty of the father to maintain her until she is married. 
You have to talk about it and sort out the issues or else legally you cannot do anything especially when your daughter mentally sound.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1. Your daughter is an adult person,

2. you can not demand custody of an adult person from the Court of law,

3. You shall have to  tackle the matter in a delicate way by cutting down her supply of drug,

4. Take the help of local police authorities to curb the drug menace.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0

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