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Husband having affair can i get divorce and claim custody of children


07-Jun-2023 (In Divorce Law)
Mine is intercast love marriage. 13 yrs of married life. 9 yrs old daughter and 1.5 yrs old son. Everything was fine between us. But from last 2 yrs he is involved in love affairs with number of girls. Drinking alcohol a lot and mentally harassing me a lot.wht if I want divorce from him. Wht will be my chance of getting custody of both children, my expenses for living my and my both children future and share in his property. Plz guide me the best.
Answers (4)

Answer #1
618 votes
Madam
Ofcourse you will get maintenance for yourself and your children. You can get divorce and after divorce you can also get half of all the properties.

Adultery (having affair) is a ground for divorce and the courts grant divorce is such cases.
Answer #2
753 votes
Yes you can go for divorce and also get a custody under the Hindu marriage act, 1955. Custody laws are in favor of you. Further detail consultations can be given after knowing entire facts of the case.
Answer #3
726 votes
In my opinion this is your responsibility to establish that your husband is having affair with numbers of girls. You are entitle to file harresment complaint under Domestic Violence Act as well as you can file complaint against your husband under 498 also.

You can file 125 ( maintanace) for your expences. As per law and no of case it is observed that children below 5 provides custody to mother. but if you prove taht your husband isnot enough care your children tahtn the court provides custody of children to you.
Answer #4
919 votes
The kind of treatment you have described invites many provisions and grounds under the Hindu Marriage Act for being granted divorce. Your case is very strong and you will need to file a divorce application at the family court of Ahmedabad and you can simultaneously include an application for maintenance as well. Contact an advocate asap

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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