LawRato

Can i divorce my wife if she is pregnant by another man ?


17-Jul-2024 (In Divorce Law)
I am male and I filed divorce a month ago. We are given six months later date for final motion. In this month I came to know my wife is pregnant by some other man. I was shocked as I didn't imagine she would do such thing to me. I want to know will this effect my final hearing because she is taking this pregnancy as an advantage. I don't want to take this responsibility and I really wanted to get divorce for betterment of my family. what if my wife gets pregnant by another man during divorce ? Please advice what should I do now and how it will effect our final hearing.
Answers (4)

Answer #1
463 votes

In India, if a married woman becomes pregnant by someone other than her husband, it can create complex legal and personal challenges. Under Indian law, a child born during a valid marriage is legally presumed to be the husband's child, even if he is not the biological father. This presumption can be challenged, usually through DNA testing, but courts often weigh such challenges against the best interests of the child. The husband may also have grounds for divorce on the basis of adultery under the Hindu Marriage Act or other personal laws. While the biological father could, in some cases, seek recognition of paternity and be held financially responsible, the husband may still bear child support obligations unless the presumption of legitimacy is successfully rebutted. Socially, such situations often lead to stigma and strained family relations, further complicating the legal process.

Helpful? LawRato LawRato
Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
Chat with Advocate Chikirsha Mohanty Chat 
Answer #2
633 votes
Yes you have all remidy available with you and you can initiate this as per law. Divorce application preferred mutually so you dont worry at all. We have to prove this fact and we can make an application for test. For furthr query in detail consult me. Tapesh Agarwal Advocate Jaipur
Helpful? LawRato LawRato
Advocate Tapesh Agarwal

Adv. Tapesh Agarwal

LawRato Jaipur | 5+ Answers
Chat with Advocate Tapesh Agarwal Chat 
Answer #3
800 votes
if you are sure, that the unborn child in the womb of mother is not yours then you can file a case for divorce and a criminal case against the person for adultery. but you need to be sure regarding the same. in case you want to continue with mutual divorce then you can keep your side and negotiate on the terms and conditions.
Helpful? LawRato LawRato
Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRatoDelhi | 5+ Answers
Chat with Advocate Siddhant Sharma Chat 
Answer #4
765 votes
My dear friend , as you stated you have filed a petition for divorce before the concerned family court . Have you file mutual divorce petition before the court ? and are you both residing separately ? then don't take burden your self because of it will be clearly showing by your wife side that she is living in illicit relation. In my opinion it will not effect you. You just state in mutual divorce petition that in this cooling off period that you both were living in separate.
Helpful? LawRato LawRato
Advocate Prem Dayal Bohra

Adv. Prem Dayal Bohra

LawRatoJodhpur | 100+ Answers
Chat with Advocate Prem Dayal Bohra 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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato