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Wife in adultery how to get divorce and child custody under Muslim Law
27-Mar-2023 (In Divorce Law)
I am married for last 7.5 years. We have 5.5 year old daughter. My wife was staying with her parents due to she was studying different courses at her hometown and i never stopped. Recenty i found that she is having a physical relationship with ine of her college mate. I recorded all her conversations and warsapp and sms with that boy.in which it is clear that she is physically involved. We both r muslim Shia. I want divorce and possession of my daughter. But her mother threatning for domestic violence and dowry cases. Plz advice what to do.
Till the time there is an amendment in Muslim Personal Law, the procedure for divorce is still as per Shariat. In case of Shia Muslims, the procedure of divorce is three separate pronouncements during three separate tuhrs, with no cohabitation. Also the decree of divorce can be obtained from court as well, wherein you can also move a petition for custody of your child along with divorce. You have valid grounds of adultery. Taking first action would help you, in tackling domestic violence complaint from her.
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U have completed more then seven year .Dowry case don't apply on u .but they can go for domestic violation. If u divorced ur wife.ur child custody will go for ur wife .u can challenge her custody on the behalf of adultery.otherwise u will get the custudy of ur baby after completed seven year age.according Shia Law
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Adv. Sarvesh Kaushik
Noida | 25+ Answers
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If you have all the proofs you may file divorce case in court. You will get it as far as filing of false case against is concerned you should not bother for because in that case you will have good defense. For More you may call me as I am advocate looking after many such cases
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Adv. Avdesh Chaudhary
Noida | 200+ Answers
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