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Wife cheating on me, who will get child custody


29-Jun-2023 (In Divorce Law)
My wife is cheating on me and I caught her with proofs like photos, chats and videos. But we have a child who is 2 months old. Who will get the custody in case of divorce?
Answers (5)

Answer #1
503 votes
If the behaviour of your partner is intolerable towards you and there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. Just attach all the evidence you have got in the said petition. And as far as the custody is concerned as the child is just 2 months old it will remain with the mother. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
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Answer #2
952 votes
Technically, the adultery of your wife gives you a ground for divorce to be applied for by you in the court of law. As far as custody of a 2 month old child, you must prepare grounds to show that your wife is incapable of taking care of your child. You may consult me in that regard.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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Answer #3
785 votes
the custody of the child depends on the mental state of the parent with whom the child resides or stays. you can file a case for custody of the child (if the child is not in your custody). if the child is in your custody, file for simpliciter divorce and let the wife file for custody.
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Advocate Rohan Sharma

Adv. Rohan Sharma

LawRatoDelhi | 200+ Answers
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Answer #4
543 votes
In legal sense upto the age of 5 years child remains with mother until there is exceptional hardship ! You need to do proper home work before executing anything ! Kindly b in touch to understand the legalities Thanks
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Answer #5
882 votes
Hello Sir, as per the proof you have and other relevant documents as stated by you the court will be inclined to grant divorce but looking at the age of child , it needs mother's milk and touch so temporary it will grant to her please call us for better assistance thanks
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Advocate Preeti Manderna

Adv. Preeti Manderna

LawRatoChandigarh | 100+ Answers
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