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Mother adultery and divorce and Child custody and alimony


15-Jan-2024 (In Divorce Law)
- Is it really needed to prove with video or photos of catching two people in act or just circumstantial evidence of photos of a mother going into a hotel room with another man and spending few hours enough to prove adultery. - also if adultery accepted will father get child custody of a 6 yr old son - can wife claim property or alimony if adultery accepted
Answers (5)

Answer #1
656 votes
For proving adultery, evidence of having physical relationship out of her wedlock and without her husband's consent is required and such evidence can be in the form of audio/video recording or can be circumstantial evidence like signature of both of them in a Hotel Register while booking a room and spending a night therein.
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Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

LawRato Delhi | 100+ Answers
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Answer #2
704 votes
circumstantial evidence including photos, hotel visits etc are sufficient to prove adultery. Th adultery if proved can determine the fate of your marriage but not the custody of the child. if you could establish that the welfare of the child is at stake with his father then you may get his custody. wife cannot claim alimony or maintenance if in an adulterous relationship. should you have any questions please feel free to contact me.
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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Answer #3
645 votes
Dear sir It is pertinent to mention that adultery is no longer a crime in India as the same has been decriminalised by the Hon'ble Supreme Court of India. However, it remains a valid ground for the aggrieved spouse to file a case for divorce with his/ her other half. The custody of the child depends on it if you are able to prove that the future and upbringing of the child will be jeopardised if it remains with the mother. For detailed discussion, you may consult me.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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Answer #4
806 votes
Preponderance of probabilities will be in your favour if you are able to show what you have stated in your query as far as adultery is concerned. In case adultery is proved, then owing to other circumstances, you might be able to secure your child’s custody. Alimony and / or property is a separate issue and needs discussion
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Advocate Parth Chaturvedi

Adv. Parth Chaturvedi

LawRatoDelhi | 25+ Answers
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Answer #5
934 votes
Yes you can prove adultery with circumstantial evidences and easily got custody of your child but in that situation you should hire an advocate regarding that issue so that you can get easily relief in your matter
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Advocate Mayank Arora

Adv. Mayank Arora

LawRatoDelhi | 50+ Answers
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