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Divorce on grounds of adultery
11-Aug-2023 (In Divorce Law)
In 2015, I found out that my wife was cheating when I found a sex video on her phone. Investigations over the next few months proved she had sexual relations with at least 2 men; had shared explicit naked photos of herself with 2-3 men and was also indulging in sexual chats with 4-5 men. I went through deep trauma for few weeks and had to undergo counseling. The total process of trauma management took over 1 year. As I have small children, my wife still stays in my house. She has a job earning approx the same as me.
I have the following queries :
1) Can she be forced to share the domestic expenses if she stays with me in my house
2) Since I have the video evidence, how easy or difficult is it for me to get divorce on grounds of adultery
3) If we divorce, can I get full custody of our children on grounds of immoral behaviour
4) After divorce, with full custody, can I ask for continued payment for the expenses of my
children
5) Can I claim compensation for breach of trust / mental trauma
if you have strict evidence of your wife having adulterous relationship and it easy if you produce in court you will surely get divorce without alimony but custody point a recent judgement stated the children may stay with mother, detailed discussion is necessary
Helpful?
Adv. Aveek Bose
Kolkata | 500+ Answers
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if you are married under the Hindu law then adultery is not a ground for divorce but if you can prove sexual relationship then it would afford you a ground for divorce. so unless you have the proof of such nature simply proof of adulterous activity will not be enough but then this can obviously will lend you another ground of cruelty and therefore these evidences will lend you a strong ground to seek and get divorce. coming to the part of asking for mutual contribution to meet the family expenses it can be obtained if your lawyer can argue your case properly. custody has very little to do with adultery and more to do with the child's best interest and if the child is above 7 years of age and expresses his/her disdain to stay with his/her mother then you can get a better chance to have exclusive custody. if you get custody you may still ask for maintenance for children but chances are bleak that it would be granted. NO you cannot claim any monetary compensation for trauma.
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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1. sharing domestic expenses is a matter of mutual agreement regarding how much each one would pay. So you cannot force.
2. you need to prove that the videos you are alleging are of her, and you can be granted divorce only after proving.
3. again, if you can prove the adultry you might get the custody, but it depends on lots of other factors as well.
4. yes, but if only she earns on her own.
5. no.
2. you need to prove that the videos you are alleging are of her, and you can be granted divorce only after proving.
3. again, if you can prove the adultry you might get the custody, but it depends on lots of other factors as well.
4. yes, but if only she earns on her own.
5. no.
Helpful?
Adv. Tathagata Sarkar
Kolkata | 100+ Answers
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