How to get Divorce from husband who has an extra marital affair
13-Oct-2023 (In Divorce Law)
i had legal documents against my husband for extra martial affairs i.e; photos and videos of both victims and i had daughter of 2 year and i want divorce from him. so, in how much time i will get divorce and i want to know that the custody of my daughter is with me or not ?
ma'am
you have not mentioned whether your marriage is a Hindu marriage or any other marriage. generally the court give custody of a child below 5 year to the mother. but before advising you properly i need complete details of the case, only then i will be able to advise you properly.
you have not mentioned whether your marriage is a Hindu marriage or any other marriage. generally the court give custody of a child below 5 year to the mother. but before advising you properly i need complete details of the case, only then i will be able to advise you properly.
You can file dovorce case on the basis of proofs that you have . You will get the custody of your daughter on the same basis. As soon as you present the proofs as evidence in court and statements of both parties are recored you will get divorce
Assuming that your marriage is governed under the Hindu Marriage act, you can have following remedies;
1. your husband will be charged with the suit of *Adultery*, you can file for a divorce under the section 13 (1)(i) under the Hindu marriage act.
2. this section will help you in getting a fast divorce.
3. Along With that, to make it easier, and fast you can ask your husband to file for divorce by mutual consent under section 13B of the Hindu Marriage act.
4. For maintenance , section 125 of crpc will help you, to get a steady maintenance for yourself and the daughter.
5. As per the Domestic violence act , you can file under complaint charging him, or any other family member, who lived in your ,matrimonial home ( home after marriage) , if they ever conducted any act of any violence upon you.
under that act as well, you can have some orders passed in your favour, w.r.t. the maintenance, home stay, residence rights etc.
6. Section 24, 25, 26 , of the Hindu marriage act, will help you in case of maintenance and custody.
all these legal provisions, will guide you i filing the complaints, petitions and the applications fro divorce, maintenance, property share, and custody of the child.
do read these properly and consult someone who can make you understand these, as these are the sections to guide the rights, the amounts and decisions are fixed as per the facts of the case and discretion of the court. so before filing any case you should know about the all possible results.
1. your husband will be charged with the suit of *Adultery*, you can file for a divorce under the section 13 (1)(i) under the Hindu marriage act.
2. this section will help you in getting a fast divorce.
3. Along With that, to make it easier, and fast you can ask your husband to file for divorce by mutual consent under section 13B of the Hindu Marriage act.
4. For maintenance , section 125 of crpc will help you, to get a steady maintenance for yourself and the daughter.
5. As per the Domestic violence act , you can file under complaint charging him, or any other family member, who lived in your ,matrimonial home ( home after marriage) , if they ever conducted any act of any violence upon you.
under that act as well, you can have some orders passed in your favour, w.r.t. the maintenance, home stay, residence rights etc.
6. Section 24, 25, 26 , of the Hindu marriage act, will help you in case of maintenance and custody.
all these legal provisions, will guide you i filing the complaints, petitions and the applications fro divorce, maintenance, property share, and custody of the child.
do read these properly and consult someone who can make you understand these, as these are the sections to guide the rights, the amounts and decisions are fixed as per the facts of the case and discretion of the court. so before filing any case you should know about the all possible results.
Hi, If your daughter is with you, then its obvious that the custody of the child is with you. Moreover, your husband will not get the custody of the child because he is involved in extra marital affairs and the Family Courts of India consider the welfare of the child is paramount. Please contact us with all your documents so that we can guide you properly about the divorce petition based on the above mentioned grounds.
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.
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