90,000+ Legal Questions Answered

Divorce Divorce

3 years ago

Hi
I found my spouse done a adultery and i have filled a divorce case. She also accepted that she done the adultery.

I have 2 kids, due to current situation of covid i am not forcing her to go our of my house. Is there a law that after applying divorce i should not keep my spouse with my for well being of my kids.

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.she accepted in court or to yourself ?
not in court else you had divorce decree in hand.
accepting to you is one thing and you proving in court is another thing.
there is no law but you are inviting trouble by keeping her in same house.
she not filed any case ? if she is ready to accept in court then do it fast.
better arrange separate house or her.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.Dear sir,
You will win provided you establish adultery.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Tanmoy Chattopadhyay

Responded 3 years ago

A.Custody right of child is granted keeping in mind the best interest of the child. The age of child and their wishes will factor in as also the financial capabilities of your wife after divorce.

And if you want to evict your wife from your house (her matrimonial house) then the same is only available after obtaining the decree of divorce.

#freeLegalAidOnFamily
#Family
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
Unless you have the decree of divorced, there is no such option.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Such option is only available after a decree of divorce.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Apurva Tomar

Responded 3 years ago

A.Hii,
yes, on the ground of adultery you can apply for divorce under the Hindu Marriage Act.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.Dear sir,
On decree only you will get such option.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconI am staying in pagree room
Dear Client, In the given scenario, being a Sr. Citizen, you can resolve the issue by exercising your rights available under different laws of the land. Amongst others, you can file a complaint again...
question iconLegal Procedure To Move Out For Adult Female
Dear Client, When you are experiencing such type of toxic and abusive behaviour from your own parents, you can get in touch with a social worker or NGO who renders dedicated service to help you out o...
question iconRCR case
Dear Client, Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the hus...
question iconSeparation from Sibling on a legal ground
Dear Client, You cannot be legally separated from your sibling. If the separation is about the property matters, then we would require more details on the issue, to answer your question precisely. Hop...
question iconMy sister is not giving my share from our parents property
Dear Client, If your parents died intestate (without a will), then you and your sister are equally entitled to the property according to the law of inheritance. You can file a suit before the jurisdic...