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Wife is seeking divorce on the ground of my adultery
12-Mar-2023 (In Divorce Law)
My wife always doubts me. She alleges, I have an extra marital affairs with 3-4 other girls/women, which is totally ridiculous and baseless. She is living with her parents for last 9 months. We have a 3 years old daughter. From last 3 months the situation has become miserable. She has been using bad words in whatsapp to me and seeking for divorce on the ground of extra marital affairs, domestic violence etc and demanding hefty amount of alimony from me. (I have all the whatsapp audios and chats of het, as evidence)
But, she can't prove anything as these allegations are un provable, because I have never ever committed such crime.
My question is, if she fails to prove any these allegations in the court, will she be entitled to any sort of alimony???
In case of divorce, can get the custody of my 3 years old daughter??? If not, then in which age?
if she wants to divorce then divorce is of two types contested a and mutual since you both are ready then can opt for mutual divorce it will take around 6 months as the age of your child is 3 years as per Supreme court order after 5 years the father can get the custody of the child what is your jurisdiction...
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Adv. Priyanka Singh
Kolkata | 500+ Answers
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Extra Marital affairs Law in India 2023 in Hindi
My husband is having extra marital affairs
Extra marital affairs punishment in India
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if your wife has deserted you without reasonable cause then she might not actually be eligible for divorce much less alimony. but the burden of proof that she has to discharge is only preponderance of probability. you can rebut any of such proof by tendering an effective counter proof to the same standard. now as far as child custody is concerned there's a host of issues that are involved in deciding such question but all those questions ultimately seeks to find the best interest of the child. the two factors which would highly weigh in favour of your wife at this stage will be the gender and age of your child. there is a statutory presumption that a child upto the age of 7 is best left to the custody of its mother.
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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Hello,
I have been through your query but for answering you in a better way I need a few more details. Some key details are missing in the query and as such its not possible to guide you in a legal manner.Â
Regards,
Shayan
I have been through your query but for answering you in a better way I need a few more details. Some key details are missing in the query and as such its not possible to guide you in a legal manner.Â
Regards,
Shayan
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Adv. Shayan Sachin Basu
Kolkata | 200+ Answers
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firstly, adultery is no more an offence in India. it is only a ground for divorce now.
alimony doesn't depend on the fact that she wins or fails. it is her right to be maintained but what amount is to be paid will be determined by the court after assessing the documents.
there is 99.9% chance that you may not get the custody of your child because she is minor and most importantly, she is a girl. Only if you can prove that she should not stay with her mother because that is not in the best interest of the child, in that case you might get the custody.
alimony doesn't depend on the fact that she wins or fails. it is her right to be maintained but what amount is to be paid will be determined by the court after assessing the documents.
there is 99.9% chance that you may not get the custody of your child because she is minor and most importantly, she is a girl. Only if you can prove that she should not stay with her mother because that is not in the best interest of the child, in that case you might get the custody.
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Adv. Sagnika Banerjee
Kolkata | 25+ Answers
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maintenance of your wife does not depends upon proof of the allegation levelled against you by your wife but you wife is entitle to maintenance at any point of time(in most of the cases) if she so Desire by following due process of law and in that case you also will be able to defend your case.
getting custody of minor girl child to her father is a hard job but not impossible. there are so many cases where custody of minor girl child has been given to her father. there is no specific law or act which specify the age or custody of girl child but it is discretion of the Court upon hearing the submissions of both partys.
getting custody of minor girl child to her father is a hard job but not impossible. there are so many cases where custody of minor girl child has been given to her father. there is no specific law or act which specify the age or custody of girl child but it is discretion of the Court upon hearing the submissions of both partys.
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Adv. Hemanta Kumar Das
Kolkata | 100+ Answers
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