quesHow to get custody of 2 yr old daughter from cheating wife?

My wife has an extra marital affair with her boss and continues with the relationship even though I have objected to it many times . Finally I am left with no other alternative to divorce. She is ready to give me a divorce but not the custody of our 2 year old daughter.
Our daughter is one good thing about our relationship and I do not want to part from her .
Kindly help

  • ansHi,
    As per the Hindu Law , since your daughter is two years old the custody of the child goes to the mother, however in your case you can be helped by bringing into picture the extra marital relationship your wife which shall form one of the grounds of divorce and articulating the same facts before the Court which will help you in getting custody of your child. Also to help you further , it is important to know the details pertaining to the background of your marriage and marital life.

    Advocate Richa Relhan

      Commonwealth Games Village, Delhi

  • ansUnder Section 6 of the Hindu Minority and Guardianship Act, the Custody of the girl child till the age of 5 is the Mothers and thereafter the Natural Guardian of the Hindu Daughter is the Mother. In your case, if your wife is unwilling to give custody of the daughter to you and you really truly want it without which you will not go in for a mutual consent, then you are left with no option but to file a contested divorce but please note that even in a contested divorce proceeding, you will not get the custody of your daughter till at least the age of 5. This is because of something called "the Tender Age Rule" wherein a child of a tender age requires the mother more than the father. And even of you file for custody after the age of 5, you will not get custody unless you can actually prove that the mother is a "bad mother" in the eyes of the law and is incapable of bringing up the child. My advise to you would be to go in for a mutual consent and get yourself visitation rights that you mutually agree upon so that you visit your daughter often. In the event you decide to go in for a contested divorce, then you should also file a Section 497, Adultery case against the your wife's boss. Section 497 of the Indian Penal Code was incorporated to permit the Husband criminally prosecute the Man who is having an affair with a married woman.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansIf you can prove in the court of law that your wife is incompetent to take appropriate care of your daughter, you will be granted custody of her. However, in most cases when the child is a girl, and that too of a tender age of 2, the court mostly sways in favor of the mother.

    Advocate Mishika Singh

      Lajpat Nagar 1, Delhi

  • 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 Child Custody 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.
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