How to get divorce and child custody when wife having extra marital

524 votes

If wife has an extra marital affair, that is also one of the ground on which the court may allow divorce but after proving the same. So far custody of child is concern, we have to prove her sufficiency to care child and also prove due to her such nature she is unable to look after her children better than husband

Advocate Santosh Kumar Soni LawRato

978 votes

make sure that you are having concrete proof regarding the statement your are making of illega/extra marital affair. You can file a case of divorce on the ground of cruelty, as per ur version that ur wife is having extra marital affairs and if the proof is reliable than u can take divorce from the concerned courts and also the maintenance petitions of ur wife will not survive.
As per section 13(1) of Hindu marriage act, if your wife is in illegal relation with other person in that case you may file a divorce petetion against your wife but you have to prove that she is in illegal relation with other person.
You may get divorce from her.
you can call me for further help.

LawRato LawRato

619 votes

You can file divorce on the ground of adultery (section 497 of IPC). Adultery as one of the grounds for Divorce in India under Section 13(1)(i) of the Hindu Marriage Act.
Adultery—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

Advocate Sunil Kumar Mahto LawRato

800 votes

First of all you need ample evidence to support the factum of extra marital relation. If you can do so,, filing of cases against the wife and her companion will help.. also simultaneously move an application for custody of the child too... age of the child would be a relevant factor and also your capability to handle the child

Advocate Ashutosh Anand LawRato

683 votes

As per hindu marriage law u have to file case of divorce claiming the ground of adultery and illegal relation with other male during marital life.For claiming adoption of child also u have to file a suit relating it in family court

Advocate Pankaj Kumar Singh LawRato