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Can i file for divorce if husband has a child out of marital bond


27-Oct-2023 (In Divorce Law)
I am married since Nov 2005 and 5 years ago I discovered that my husband was cheating on me and has a child with our house help. I have two sons aged 9 and 6 now but 5 years ago they were too young and I was financially dependent on my husband. And also I wanted to try to make my marriage work for my kids, so I stayed, however, he shows no improvement and continues to be an alcoholic, abuses me insults me etc. My house-maid contacted an NGO to settle the issue and I can get that as proof. My husband blackmails me that if I file for divorce he will prove me mentally incapable and take away my kids from me. What are my chances?
Answers (5)

Answer #1
662 votes
If you want divorce, court will grant the same to you, Court wont give custody to your husband without your consent, however he will get visiting rights.

You said you are financially depend on him, you can claim maintenance / permanent alimony in you divorce application.
Answer #2
679 votes
Dear Mam,
Take courage, and now that you have the right to file a divorce on the grounds of adultery committed by your husband. you can as well claim the maintenance of your children, if you are a n earning member and having a good standard of life.
Answer #3
689 votes
You can file the case against him. Nothing he can do. Mother is having every rights over the child. Please contact me with your proof of marriage and details will guide you how to proceed.you can also claim over him and also can file criminal complaint
Answer #4
645 votes
Dear madam,
Your chances are much better but require good contesting legally, yes the wedlock has interrupted , my suggestion that kindly contact with our office and have a personal meet , that would help you in your sorting out issues.... OFC : Adv Pankaj Kumar ....
Answer #5
858 votes
madam in this case you can file a case for divorce on ground of cruelty and bigamy and further you can file a case for domestic violence and seek protection not to take away your child, as the kids or old enough even their consent is taken for deciding the custody of child and hence as your husband is drunkard, his character can help you and you will be having the custody of the child.

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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