428+ Lawyers are online 
Child Wellbeing After Divorce - Mutual Divorce
09-Jun-2025 (In Child Custody Law)
I got mutually divorced in February 2025 from the bandra family court Mumbai.The reason for the divorce was adultery. I have custody of both children. After our divorce, I discovered that during my divorce proceedings and even post divorce, my wife continued her adulterous lifestyle. She has a history of an adulterous lifestyle with multiple men. I have all the necessary proofs of her conduct, both before and after divorce. As per the consent terms in the divorce agreement it is mentioned that the children vacation and long weekends will be shared between us. However since she has continued her adulterous behaviour which I believe negatively impacts the children's wellbeing, I am only allowing her to visit the children and not sending them over for vacations. She is threatening to initiate contempt of court proceedings against me. What are my legal options to protect the wellbeing of my children.
As per the consent terms of your mutual divorce, you are legally bound to follow the agreed custody and visitation schedule. However, if you have valid and substantial evidence that your ex-wife’s continued adulterous conduct is affecting the mental or emotional wellbeing of the children, you have the right to seek modification of the custody and visitation terms.
Your legal options:
File a Custody Modification Petition under the Guardians and Wards Act before the Bandra Family Court, citing change in circumstances and child's welfare as the primary ground.
Submit Evidence of her conduct and its adverse impact on the children’s safety or environment.
Seek Interim Relief to restrict overnight or vacation custody and allow only supervised visitation, if necessary.
Defend Contempt Threat: If she files contempt, you can defend on the basis that your actions were in good faith for child welfare, and show that you are already approaching the court for modification.
Helpful?
Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
Chat
Well, if you want to keep your child away from their mother just because after having Divorce with you, she is continuing the physical relations with different men, she can also ask the Court to not let the children stay with you, as you were also in Adultery and might she can come with records of you being in relationship with multiple women before, during and after Divorce!
Helpful?
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
Chat
If you can show to the court that sending the children over for vacations to your wife's place would adversely affect their well being and against the welfare of the children. Feel free to contact me for seeking any legal advice as regards the same.
Helpful?
Adv. Prerna Shukla
Mumbai | 700+ Answers
Chat
you all having your legal rights about your children's custody.
in that you vll have to keep both children's to you
for that you need to hv consult advocate in person
you all having your legal rights about your children's custody.
in that you vll have to keep both children's to you
for that you need to hv consult advocate in person
Helpful?
Adv. Santosh S. Gaikwad
Navi Mumbai | 50+ Answers
Chat
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.
Connect with top Child Custody lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Child Custody and Visitation Rights
- Looking Advocate Frim Aurangabad Only (sambhajinagar)
- Kya Bina Perent Bina CwC Ke Bagair Jj Ke Sahare Adopson Prepare Ban..?
- husband is paying total 12000 maintenance for wife and child and schoo
- According to Muslim Personal Law, is the father the natural guardian o
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
