Ex wife has taken the custody of our daughter without my consent


I am a Hindu.my ex wife has taken the custody of our daughter without my consent or from the court. Now she spends extravagantly ( without my knowledge and consent) claiming the money is being spent for our daughter. She also is now claiming that I should pay for all the expenses she is making. Am I liable to pay for the same?

Answers (3)


232 votes

You can file application for child custody for proper education and nutrition other wise you are liable to pay if with out contest you have accepted the custody of you child before the wife you are legally bound to pay


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328 votes

Under Hindu Minority & Guardianship Act, 1956..
Section 6. Natural guardians of a Hindu minor.-
The natural guardians of a Hindu, minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are –
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

but go through ROXANN SHARMA judgment of Supreme court (Arising out of SLP © No. 31615 of 2014).
You can pay the school fee directly in school. If she has filed cases against you under 125 Crpc.
you have given very less details so as I can inform you.

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217 votes

First of all you have disclose about the age of your minor daughter and whether legally divorce in between you and your ex-wife has completed or not. And if your daughter's age exceeds to 5 years then you have the legal right to take your daughter to custody of yourself according to Guardianship Act. (your wife can claim for maintenance if she is unable to maintain herself. )Thank You.

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