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Child custody and divorce due to wife's digital infidelity."
05-Feb-2026 (In Family Law)
I am a Hindu. My wife is constantly neglecting our child and spends hours chatting with other men on Instagram. I have live video evidence of her chats while she was neglecting the baby. She has frequently left the house without informing anyone. Currently, the child is safe with me and my mother. I want to file for divorce based on her behavior and seek permanent custody of my child to ensure the baby's safety. Please advise on how to proceed with the video evidence I have."
Dear Sir
You have to permanent child custody case immediately. Further you have grounds to divorce. You can also file Divorce case. Keep the child with you and continue to take care of the child. She cannot claim child custody as she has neglected the child.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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If any this with amout to cruelty for you and it is not safe for your child welfare ultimately then you can seek divorce on ground of cruelty and lao seek permanent custody of your child as well . Chatting to the men is not offence but not following matrimonial obligation and taking care of family may amount to cruelty.
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Adv. Babita
Bangalore / Bengaluru | 200+ Answers
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you are required to file a petition for divorce on ground of mental cruelty and in that petition you have to mention that the custody of the child is with you so that she cannot take away the child, as now the child is in your custody you need not file any petition for custody as you already have custody, if she wants custody let her her file petition for custody and prove that she can take better care of child, if she cannot prove it the custody will remain with you, as in custody matters the welfare of the child is more seen by the courts, hence preserve all documents you have engage a lawyer and file petition for divorce on ground of mental cruelty.
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Adv. Bharat Narasgouda
Belgaum | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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