Legal procedure to get divorce & get custody of child


Hello sir, My wife use to chat with his brother friend.. He is not blood related.. whenever I go to office, she use to talk with him and share photo to him through whatsup.. we got married at March 2017.. After 3 months only I noticed it.. due to his pregnant I did not went for divorce because if go to Court, I thought court will ask me to wait till child birth.. At the time of marriage, she said that he his brother friend.. I thought it's good brother and sister relationship.. but the way of message he sent with wrong words.. I could not able to digest the way he message to my wife and she send photo to him by wearing nighty. Really I feel to death. But for my parents no one is there to help them.. Whether any possible to get divorce for me.. Please suggest me sir.. My child born on 29 Dec 2017.. Atleast any pssoible to get my daughter to me itself.

Answers (3)


131 votes

From what you say, your wife maybe having an affair with the friend. Did you speak to your wife about it? What is the explanation given by your wife? You must be sure that there is an affair and you must collect enough evidence about the affair. If you can establish that your wife is having an affair, you can file for divorce. Regarding custody of the child, the child is too small and you may not get totally custody but only visitation rights. If you are in Chennai, you may contact me for further detailed advice.


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280 votes

I can understand your situation. Feeling sorry for bad marriage life as well. However, simply suspicion (doubt) alone is not enough for getting divorce. You need to prove that your wife is having extra marital affair with some one. If you are able to prove it by producing evidence, then you can obtain on ground of adultery.

With regard to child custody, the Court will consider the welfare of the child predominantly. You have stated that your child is just one month old and that too baby girl, it is pretty difficult to get the custody of child before her age of 5 years. Anyways, you can say that it will be detrimental to the baby's future if the mohter's character is not good.

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Do you suspect your wife's fidelity?
Is your child born to you?
If you intend to get separated on account of her illicit intimacy with another man, then a petition can be filed under S.13(1)((i) which states, that after the solemnization of the marriage, had voluntary sexual intercourse with any person other than the spouse.
However, if you are of firm opinion that the child is not born to you, a petition can be filed under S.12(d) which states that the wife was pregnant at the time of marriage by some other person other than the petitioner. The petiton for annulling the marriage has to be filed within one year of marriage.

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