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Adultery, divorce and child custody
08-Jul-2023 (In Family Law)
Earlier, my friend’s Aunt is having an extramarital affair and she ran away with that guy but somehow she came back and her husband warned her against this. Even he wrote an application with the police. But now she is not behaving like a proper or normal wife she is not making food for her husband and many more things, she told him that she’ll not go to live with him but she doesn’t want a divorce and in that situation what should he do? He needs a divorce from her. However, he still believes that she is having an affair with some other guy. She still talks on the phone for 2-3 hrs but he doesn't know to whom she is talking to. They have been married for the last 19 years as per Hindu religion and have two children. He wants to now go for Divorce on the basis of the character of his wife, and do not want to share any property and children with her.
He has two kids they both are a boy( one is 12 and another is 14).
In such a situation, preparation and collection of evidence before you take any step is very important, as the burden of proof will fall upon you. Moreover, if you fail to prove your case, you may find yourself in more trouble than you already were. For example, a divorce case claiming cruelty may be filed against you by your spouse. In case the spouse is wife, the husband may find himself embroiled in a number of false criminal cases for dowry and domestic violence. The person with whom you alleged the affair is happening or adultery has been committed may file a defamation case against you.
The Hindu Marriage Act, 1955 and the Special Marriage Act, 1954
Divorce:
The Hindu Marriage Act (HMA) underSection 13(1)(i) and the Special Marriage Act (SMA) under section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on filing of a petition by you on the ground that your husband or wife has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than you.
The Hindu Marriage Act, 1955 and the Special Marriage Act, 1954
Divorce:
The Hindu Marriage Act (HMA) underSection 13(1)(i) and the Special Marriage Act (SMA) under section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on filing of a petition by you on the ground that your husband or wife has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than you.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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How can a mother lose custody of her child in India?
Section 39 of the Guardians and Wards Act of 1890 states that a parent who fails to provide the proper care and support and is deemed unfit or a drug addict, or emotionally and mentally abuses their child will lose custody.
What is inappropriate co parenting?
When a parent is not supportive of their partners relationship with the child, it is considered inappropriate co-parenting. You can stop inappropriate co-parenting before it harms your children by recognizing the signs. Visualize your schedule. Write down your parenting plan.
How long does it take for a judge to make a custody decision?
A judges decision can take anywhere from a few days to several months. During the evaluation of custody, factors like the child’s relationship with both parents, their ability to provide stability, and willingness to support the needs of the child are taken into consideration. 09-Jun-2023
Yes one can in such situation should file divorce Petition on the ground of mental cruelty that had been raised from such adulterous act. In such form if Petition is filed she is not liable even for maintenance but big problem is of kids they are entitled for good livelihood.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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hi
in this case he has to proceed for contesting divorce petition before the appropriate court
wherein he has to put forth evidence regarding her relations with adulterer and establish adultery.
he has to also establish cruelty to him mental and physical. custody of the children will remain with patent with whome they want after permission of the court.
she'll not get any share in ancestral and self aquired property
in this case he has to proceed for contesting divorce petition before the appropriate court
wherein he has to put forth evidence regarding her relations with adulterer and establish adultery.
he has to also establish cruelty to him mental and physical. custody of the children will remain with patent with whome they want after permission of the court.
she'll not get any share in ancestral and self aquired property
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Adv. Rohit Shaligram
Pune | 500+ Answers
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