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my wife has extra marital affairs
1 year ago
I married 7 yes back, has 3 yrs daughter, 5 months back I came to know my wife has extra marital affairs with her collegue they both agreed, we got disturbance and she left home staying with their parents she is not ready to come also telling me leave her, she and parents is not allowing me to see my daughter, they are avoiding me. I need my daughter, what I have to do, shud I go divorce against adultery or shud I go with mutual but I need my daughter stay with me, pls advice, I dint go her house to see my daughter coz they may fight and put some cases like 498 something as girls has advantage to mis use, so how to proceed
A.Hello Client,
You may agree to file a Mutual divorce as it will be less time consuming and as your wife is agreeing to it without any maintenance or alimony. but if she is demanding unnecessary terms and conditions then you may file a contested divorce against her under the grounds of cruelty and adultery(which you have to prove).
Now, since your Girl child is below 5 years, the court will not give you full custody of her. you may file for joint custody where you will be able to be a part of her life equally. physical custody will be given to the mother in case of a minor child, especially in the case of a girl child.
So, You may have a discussion with your wife first and try to come to an amicable settlement that you will give her mutual divorce if she agrees to joint custody. if she agrees then it will be best for your circumstances.
Thanks & Regards
You may agree to file a Mutual divorce as it will be less time consuming and as your wife is agreeing to it without any maintenance or alimony. but if she is demanding unnecessary terms and conditions then you may file a contested divorce against her under the grounds of cruelty and adultery(which you have to prove).
Now, since your Girl child is below 5 years, the court will not give you full custody of her. you may file for joint custody where you will be able to be a part of her life equally. physical custody will be given to the mother in case of a minor child, especially in the case of a girl child.
So, You may have a discussion with your wife first and try to come to an amicable settlement that you will give her mutual divorce if she agrees to joint custody. if she agrees then it will be best for your circumstances.
Thanks & Regards
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A.Hi clienr,
If she is agreeing to give a mutual consent divorce, it s advisable to go for it. If you fear that she can lodge a 498 a case against you can, file a contested divorce from your end as soon as possible.
In case of mutual divorce both of you can apply for custodial rights, the learned court after being satisfied will pass the order.
For contested case also you have to apply for custody of the child in an individual petition.
Thanks and Regards
Simi Paul
If she is agreeing to give a mutual consent divorce, it s advisable to go for it. If you fear that she can lodge a 498 a case against you can, file a contested divorce from your end as soon as possible.
In case of mutual divorce both of you can apply for custodial rights, the learned court after being satisfied will pass the order.
For contested case also you have to apply for custody of the child in an individual petition.
Thanks and Regards
Simi Paul
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