If Wife Is Proved Adulterous. Does Child Get Maintenance
09-Jan-2023 (In Domestic Violence Law)
If wife is proved adulterous. Does child get maintenance and what about custody of child. The age of child is 2 years. Please revert
If wife is proved adulterous then child can get maintenance. And custody of child shall go to father of child from child's mother.Adulterous wife cannot be allowed maintenance order from court.Therefore husband of adulterous wife cannot be held liable for maintenance.
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Yaa even if charges of adultry had been proved against the wife, Child is entitled for maintenance. Child is only of two years so in such situation custody will be with mother only. If she is ready to give up custody then you can claim custody of child.
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The primary custody of the child shall remain with mother for first 36months since birth. the custody shall remain a issue until the child attains majority. one can always claim custody under guardian and wards act. child visitation is possible through application u/s 26 of Hindu marriage act. feel free to call me
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Dear Client, though wife has been proven adulterous yet the child will get maintenance during custody of the child with the mother. But there's every possibility of the mother losing the custody of the child if she is proved to be adulterous. For proper consultation feel free to call me.
Adv. Dhimatee Datta Roy
Pune
Adv. Dhimatee Datta Roy
Pune
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