Will wife get child custody and divorce if in another relationship
12-Sep-2023 (In Divorce Law)
Christian law, living seperately for 4.5yrs, already filed joint petition 2 times,but husband not come on date, case suspended, Now putting divorce op from husband, ground adultery, wife have a relationship with a person last 1yr, not living together.is it under adultery?
Adultery is a ground for divorce .In Shivakumar v Premavathi it was held that stamping the child as an outcome an adulterous relation or charging a woman for extramarital intercourse is a serious thing with legal consequences. No woman can be blamed for an adulterous relation relationship and no child can be called as illegitimate unless there is conclusive evidence in support of such conclusions. The case of Sunil Eknath Trambake v Leelavati Sunil Trambake clarified that in the matter of proving the paternity of a child, a DNA test can be ordered only in exceptional and deserving cases if it is in the interest of the child. The charge of adultery is serious as it casts aspersions on the character of the spouse affecting his/her reputation in the society besides raising question marks in terms of the parentage of the child delivered by the wife, therefore not only the charges of adultery should be specific but also should be established in all probabilities. The proceedings for adultery, under the Hindu Marriage Act, are in the nature of quasi-criminal, as such, higher standard of proof than mere preponderance of probabilities is required as was held in Partap v Veena.
Divorce can be granted on the ground of cruelty if a spouse maintains illicit relationship over phone, the Kerala high court has held.Without divorce second marriage is an offence under section 494 of ipc. Live in relationship also will be treated as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard
You have proof of adultery then you can win the case.
Divorce can be granted on the ground of cruelty if a spouse maintains illicit relationship over phone, the Kerala high court has held.Without divorce second marriage is an offence under section 494 of ipc. Live in relationship also will be treated as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard
You have proof of adultery then you can win the case.
If the husband could prove it, it would be the ground for divorce. But the adultary Cannot be proved easily. For getting the of the custody of the child you should file the custody OP before the same court.
Hai.
adultry n even living togethet are different aspects. Modernisation have welcomed this to our society. Mere relationship wont amount to adulty. It needs specific pleading n evidence that u were having ILLICIT relation involving repeated sexual intercource n suth other thing beyond the limit of a healthy friendship releation along with strong evidence to prove it. Now u may evaluate ur relation n find a way. I recommend that u would have filed a opposin petition earlier when atleast u found tat 1st attempt on muual consent petition failed
hope am upto ur query
adultry n even living togethet are different aspects. Modernisation have welcomed this to our society. Mere relationship wont amount to adulty. It needs specific pleading n evidence that u were having ILLICIT relation involving repeated sexual intercource n suth other thing beyond the limit of a healthy friendship releation along with strong evidence to prove it. Now u may evaluate ur relation n find a way. I recommend that u would have filed a opposin petition earlier when atleast u found tat 1st attempt on muual consent petition failed
hope am upto ur query
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