quesWife characterless. Can i get custody of children if i file a divorce?

My wife has an affair and when I came to know about it, I apprehended her and the guy involved, and he apologized for it. This incidence has left a bitter feeling and I do not want to continue my marriage but my wife is not ready to give me a Divorce. I have 2 daughters aged 5 years and 7 years.


Is is possible by any way that I get the custody of my children if I file for a Divorce, as I do not want my wife's character to have a negative impact on my daughters.


Please advice.


  • ans


    What your wife has done comes under the ambit of Adultery, which during the subsistence of a marriage is a ground for getting a Divorce decree. Further, adultery by the spouse itself also amounts to cruelty and cruelty is also a ground for getting a Divorce under the Hindu Marriage Act 1955. 


    Remember it is always advisable to implead the adulterer along with the spouse to contest the divorce case as it will provide social and moral pressure on the spouse to come to terms to give divorce decree. 


    In respect of the custody case, your elder daughter has crossed the age of 5 years and at that age generally children have developed cognitive traits, wherein the court will elicit from the child about her choice that with whom she would like to stay. The children's interest will be the paramount consideration before the court for giving custody to the one parent against the other parent.  Also, the non-custodial parent will definitely get visitation rights. 


    It may please be noted that for getting permanent custody of the children, the interested parent has to file a custody case, and contest it on various grounds as applicable. You may contest the same stating the impact your children can have due to the wayward behavior of your wife, and once the court is convinced that giving your wife the custody of your daughters would not be in the best interest and welfare of the children, you may be granted their custody accordingly.


  • divorce with mutual consent service package by LawRato gets you leading divorce lawyers to guide you in all the legal proceedings should that you can a peaceful seperation
  • 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.
  • Related Articles

Consult best Child Custody lawyers in India

Similar questions

Hi I belong to a sunni muslim family I did love marriage nd I have…
who will get the custody of the girl child and upto what age
We are Muslim family. My brother had 2 daughter one is 11 and other is…
Hi, I m widow, my son is 8 n half yrs old.His grandparents wants to…

Child Custody Lawyers in India

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years

Advocate Ujwal Phasate

  Kukde Lay Out
 Experience: 8 years

Advocate Namrata Jayakar

 Experience: 14 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly