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Adultery wife and child custody


06-Aug-2024 (In Divorce Law)
I am govt servant. Wife housewife (Bsc nurse qualification ).2 children. Girl 6 yrs. Boy 4 years. I caught my wife cheating on me.she herself claim she is in relationship and want divorce from me. She said she ll file a divorce and ll take the child custody and also file for maintenance. I have decent proof of her link with the man. Plz help .can I get the custody of my child without giving her maintenance.
Answers (2)

Answer #1
830 votes
dear client as per your query since you want divorce as divorce is of two types mutual and contested mutual takes a few months within six months while contested takes more than a year in proof what do you have..
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Answer #2
589 votes
Yes sir you don't need to give any maintenance to her for herself except your minor children... you can claim custody of your daughter but you have to wait for one more year for claiming custody of your minor son as the law says that a child will be under the custody of the mother till 5 years of age. You should first initiate a custody case for your daughter then as the right time comes you may amend your claim too for your son's custody also... moreover before your wife files a divorce case Or any other case against you implicating false allegations... you should file a divorce case against your wife since you have all the relevant evidence against your wife... this will safeguard you in future and will also help you for claiming the custody of your children.. i am a matrimonial lawyer sir so you can contact me according to your convenience at earliest.. Regards, Subhashis Paul Advocate High Court, Calcutta
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