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Husband has extramarital affair. Wife want custody of Children.


22-Jan-2023 (In Divorce Law)
A couple with 2 kids (one boy age 7 and a girl) decides to divorce with mutual consent (the reason being adultary by husband) and the wife wants custody of both but the husband refused to give boy’s custody. The wife has a govt. job and financially capable to raise them. How likely is it for her to get the custody if the matter is moved to the court? Can adultary by husband be used against him in this matter?
Answers (3)

Answer #1
899 votes
yes. adultery by the husband is a valid ground for divorce and it will help you prove the disability of the father of the child as a good father. you can prove in the court that he has an immoral behavior and get the custody. you can further contact me.
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Advocate Sakshi Garg

Adv. Sakshi Garg

LawRato Delhi | 25+ Answers
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Answer #2
582 votes
If the adulterous character of the husband is proved and the wife has got sufficient evidence to show that character then the husband will be in a tough situation to claim the custody. The fact that the boy is a minor and the wife is financially capable will also be taken into consideration.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
897 votes
Adultery is no longer an offence and has been struck down in the statute, however you have a remedy in the guardianship court and in the High Court by way of filing a writ petition in the nature of habeas corpus wherein interim arrangement will be made by the court and you will get the custody of child. I am an advocate for Delhi Police and these matters are taken care by me on daily basis.
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