quesHow to get divorce from cheating husband and custody of children?

I am a 37 years old house wife. I am going through a lot of stress in my marriage. I have two children aged 5 years and 10 years from my marriage. I am having a very stressful relationship with my husband due to his relationships outside the marriage.


I want to get separated from him and keep the children with me, but I don't have any income to raise them.


Please advise me how should I proceed.


  • ans
    You can seek divorce from your husband on either of the grounds as mentioned in section 13 (1) (i),(ia)(ib) of the Hindu Marriage Act 1955:


    1. Had the sexual intercourse with any other person
    2. Cruelty
    3. Desertion


    During the pendancy of the petition you can move an application for interim maintenance and the Hon'ble Court will direct your husband to pay the maintenance for your self, your children and the litigation expenses, wherein after the Divorce you will be entitled to permanent alimony depending upon the financial status of the your husband and  the type of standard of living your are accustomed to.


    Your husband shall also be directed to give maintenance of your two children till they attain majority even after the Divorce.


    Moreover you can always retain the custody for the two children but  if the the court so directs on the principal and your husband contests the same also on the intention of the elder child,  you are likely to loose the custody of the elder child but if your able to prove that your husband is living in adultery your can have the custody of both the children.


  • Related Articles

  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Divorce lawyers in India

Divorce Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years

Advocate Diva Arora Menon

  Nizamuddin East
 Experience: 10 years

Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years

View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly