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How can women accused of adultery get the custody of her child
30-Jul-2023 (In Divorce Law)
my husband wants to get divorce on grounds of adultery. Yes i was talking to my ex lover post my marriage. i had pleaded to forgive me but he is not accepting my plea, he has my phone recordings in which i am talking to him,talking about our failed love and about the hardships we are facing in our marriages. I have met him also but we had no physical connections after marriage. so can he file case against me on grounds of cruelty. Also we have a daughter of 3.5 years.from our marriage can i get my childs custody if he is not able to prove adultery against me. I am working right now and from the past few days living in my parents home but go and visit there home to meet my child after work. can they prevent me from meeting my child. my child is too young and they arev creating an atmosphere that she has started getting detatched frm me. please help.
Ma'am,
Basic reading of your query suggests that you should not have much issue in getting custody of your daughter. Courts also prefer the mother to have Custody of young children spl. Girl child. Moreover yours is not a case of adultery unless there was any physical relationship and that can be proved.
We can discuss the case further in detail to give you the best way in Court or otherwise. Please feel free to contact through Lawrato.
Regards
Agir Gupta
Advocate
Basic reading of your query suggests that you should not have much issue in getting custody of your daughter. Courts also prefer the mother to have Custody of young children spl. Girl child. Moreover yours is not a case of adultery unless there was any physical relationship and that can be proved.
We can discuss the case further in detail to give you the best way in Court or otherwise. Please feel free to contact through Lawrato.
Regards
Agir Gupta
Advocate
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Adv. Agir Gupta
Delhi | 25+ Answers
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As you are staying with your parents now and you have a girl child of about 5 years ,you can file petition for dec laring you as guardian and for custody of the child .Normally custody of minor girl child is granted to the mother .In case issue about your ex loved is raised and you cannot satisfy the Court that the same is over ,still the custody can be granted to you or in alternative visitation rights will be granted to you ,where during vacations of child from school ,she can stay with you also for few days as will be decided by Court .So far as your husband is concerned depending on facts he can file divorce on any of grounds given in the Act .
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Adv. Rajiv Mehta
Delhi | 100+ Answers
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Maam immediately file custody petition for your child under guardianship act .. divorce grounds are different qnd cudtody of child are different.. in custody of child the paramount interest is child and no one else ... apart from this she being girl and you being working will also favor you.. any other assistance please let us know
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Adv. Nupur Sachdeva Singh
Delhi | 100+ Answers
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First of all there can be no Adultery without sexual intercourse. And in case of Adultery only man is liable to criminal prosecution and not woman. But Yes your husband can file divorce case against you on this ground. As regards custody then case titled as
Roxann Sharma Versus Arun Sharma Civil Appeal 1966/2015 decided by supreme court in 2015 can be of help to you which held that mother is in any case best custodian for the child below 5 years.
Roxann Sharma Versus Arun Sharma Civil Appeal 1966/2015 decided by supreme court in 2015 can be of help to you which held that mother is in any case best custodian for the child below 5 years.
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Adv. Bonny Mehra
Delhi | 25+ Answers
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You can meet your daughter anytime and anywhere. You can also take the custody of her becaus she is 3.5 years old. Also he can file the case but talking with ex lover or meeting is not the ground of adultury.
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Adv. Sachin Kumar Dubey
Delhi | 25+ Answers
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