Problem related to family inlaws and divorce
18-Apr-2025 (In Family Law)
I'm 17, living with my mother in Kolkata. She's legally married but separated due to domestic issues. We're moving in with a man who treats my mother like his sister and supported us. Can my father or relatives take legal action against us for this arrangement? How can we protect ourselves from potential false allegations or harassment?
At 17 years old, you're still a minor, but your mother is your natural guardian.
As your legal guardian, your mother has the right to decide your place of residence, especially if she's acting in your best interests.
As long as there’s no immoral or illegal activity, there's no bar in law against your mother and you staying with a male friend or relative.
Your father or paternal relatives might attempt the following, but each has legal safeguards:
a. Custody or Guardianship Claims (against your mother)
Unlikely to succeed unless they prove she's unfit (which is hard unless there's abuse or neglect).
Courts usually side with mothers for minor children, especially daughters.
b. False Allegations (e.g., kidnapping, immoral influence, indecency)
These are baseless unless they can prove harm or coercion.
Voluntary relocation under the mother’s care and support isn't illegal.
c. Defamation or Character Assassination
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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