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Can i take child custody if husband putting adultery allegations on me


03-Jan-2023 (In Child Custody Law)
i am married for almost 10yr having 2 girl child (9yr +3yr). me and my husband are having lot of differences. many times my parents came and did patch up but now my husband is telling he will put adultery case on me. i am working and in my office i have a colleague who is my good friend. my husband knows about him already but he is telling in different way now. he beat me like anything and taped my voice that i went movie, lunch, and to his house once. he got my whats up chat which proves he is my good friend that's all. now he is not giving my kids and asking to give divorce on mutual. i am at my parents house from last 1month 15days. please advice how can i get my kids custody. all my jewellery and stuffs are at bangalore only. i just took few clothes and came back to my parents place.
Answers (4)

Answer #1
566 votes
Good evening mam I have read your query your main problem which I got find between you is both of your mutual understanding to each other.. Because both of you have two issues. Then if there any possibility then think again both of you for all this. Otherwise if you think its not possible then you can take divorce on mutual consent or exparte divorce against him by proving that your husband can't be a good husband nor be a good father and can take your child custody from your husband..apart from this you can demand maintenance to your husband for you & your children along with your & your children share in your husband self earn property.
Answer #2
688 votes
1 For seeking the custody of children, the case can be filed under Section 6 of Hindu Guardian and Wards Act in the court of District Judge.
2 For taking back the jwellery items and all other items, the case is to be filed in the court of Magistrate Ist Class under section 498 A of Cr.P.C.
Answer #3
919 votes
Firstly I wanaa ask all your reliefs, you wants to take... if you wants only the children custody,then you have to claim the custody and to prove that it will be the paramount welfare of children if they will live in your custody...
Answer #4
543 votes
Dear Client
Adultery cases are filed only against men and under no circumstance any person can file case against a lady. So, your husband cannot file a case of adultery against you. And with regard to the custody of the children, you can file for the same before court where the children are residing or where you are residing at present. In general cases, custody of a girl child is mostly given to the mother, but for final adjudication the court considers "welfare of the child as the paramount consideration".

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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