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Divorce and Child Custody due to wife's extra-marital affair."
04-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."
Hi sir , you can file divorce case against your wife before family court . If you have solid evidence with you that also you can file before court and for child custody also you can ask .mother is not take caring the child means it will definitely effect the welfare of child.
Helpful?
Adv. Shahana C
Bangalore / Bengaluru | 5+ Answers
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Hello sir,
Kindly give further information regarding the query :
1. How old the child is ?
2. Are you living separate from your wife ? If yes, since when ?
3. Where are you currently residing ?
A divorce can be filed by you.
Helpful?
Adv. Saroj H. M.
Bangalore / Bengaluru | 100+ Answers
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okay I understand your questions so your wife neglated your child becousr she have exstra maritsl affair right you can file a case against her seeking divorce it is not only a ground cruslity is important of disertion also and youw ant yur child permanent custody is it possible but financial capacity of take care of child and carring who is in the home like your mother proof yo can produce the court snd get the order and vedio proof you can dowliad the pen drive and submit court to electoronicsl document under 63of BN S act
Helpful?
Adv. Bhagya C H
Bangalore / Bengaluru | 1000+ Answers
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Dear Sir,
You need not suffer like that. Approach the get divorce and child custody and start new life. You are lucky as your mother is looking the child. If your wife is educated then you need not pay anything. The earlier action protect you. Better file both cases.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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Hi,
First thing, we can proceed for divorce proceedings with the evidence you have.
secondly, If you proceed to divorce again you might have to pay monthly maintenance to your wife.
thirdly, your child's custody can be given to you with video proof you have but she will get visitation right.
But even if your wife is ready and you both mutually agree to part ways then you can agree for some lumpsum amount as alimony to your wife and partways provided you get custody of your child and you give visitation right to your wife to meet the baby.
contact me for further details
Helpful?
Adv. Mohamed Ahmed
Mangalore | 5+ Answers
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