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Hindu married for 13 years 12 years old son how to get divorce
16-Aug-2023 (In Divorce Law)
I am a hindu and have been married for 13 years. I have a son 12 years and daughter 6 years. I recently found that my wife has been having an affair. I found this as I happened to record her calls (but it is in tamil). I also found from her medical reports that she had an abortion before marriage. She is from a well to do rich business family. If I give her a divorce, her parents will be able to take good care of her. She has worked earlier as a teacher but is currently not working. I have the following questions: 1. What proof will be required to proove that she has committed adultry. Is the recorded call in tamil good enough ? If not what else is required? 2. Will I have to pay her any alimony since she is the one who has committed adultry? 3. In such cases, usually who will get the custody of children? 4. What are the requirements for divorce, is it immediate or should we stay separately for some time? 5. Approx how much will be the lawyer fees and other expenses?
You intend to file for divorce against her you better get a proof of her earlier abortion instead of that adultery which is not easy to prove. recording in tamil can also be used as evidence by translating the contents, but what is said will be vital. custody, if contested is a separate matter. My fees are quite high, because yours is a tough case.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Whatever happened before marriage is will not help you to prove her adultery, but it may be helpful for you to submit as one of the important evidence before the court to prove her character less image and rely upon your allegation about adultery against her as it gives information about her background. Meanwhile phone recordings and msgs can be a good evidence before the court and court will send for examination to check its authenticity to the concerned department. You can ask before the court for the custody of children by claiming that children may not get well bringing up with that women. You are not liable to pay maintenance if you prove she is living under adultery before the court . Consult us for further legal action and we will tell you about the fee.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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U need not worry about if she really wish to leave u come n apply for mutual divorse u eish u can take the custuhdy of child n ovf u fo noy then u give vustody it all taks lplse fot 2to 1 year tell exactly were u h
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Adv. Mallapa Nesargi
Belgaum | 200+ Answers
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1. As you told you have telephone conversation and other messages that is sufficient to prove the adultery. here you need to do little work on gathering of other materials like her behavior towards you and children. Etc.
2. In case if she filed any maintenance after you filing of the divorce petition, if the same is ordered, then you need to pay the permanent alimony. In case if the adultery is proved then no need of maintenance.
3. Normally the mother will be treated as the first guardian for the children. Under this kind of circumstance you can ask for custody of the child for their beautiful social and educational growth.
4. Under this kind of circumstance no need of separation. because you have here pointed out of her adultery and it also amount to mental cruality.
5. About the Advocate fee it cant be explained here. It depends on each advocate.
2. In case if she filed any maintenance after you filing of the divorce petition, if the same is ordered, then you need to pay the permanent alimony. In case if the adultery is proved then no need of maintenance.
3. Normally the mother will be treated as the first guardian for the children. Under this kind of circumstance you can ask for custody of the child for their beautiful social and educational growth.
4. Under this kind of circumstance no need of separation. because you have here pointed out of her adultery and it also amount to mental cruality.
5. About the Advocate fee it cant be explained here. It depends on each advocate.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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