Child custody and adultery Divorce case

2 years ago

I stay in Hyderbad and My wife has committed adultery and very torturing in nature and i filed a Divorce on adultery grounds with relevant proofs since she was not ready for Mutual since she needs huge money. (8 months back)

My childerns are with staying with me since last six months (8 years and 11 years daughters) and they dont want to stay with mother at all .I am financially and emotionally capable . They said in police statements they dont want to stay with her.

Also she has filed false 498 and false DV under influence of her parents.

She is after to get kid custody to get money and claim maintenance on their name So that she can sit enjoy money on their name

IS IT POSSIBLE FOR HER TO GET KIDS CUSTODY NOW , SINCE KIDS DONT WANT STAY WITH HER (THEY ARE SCARED OF HER NAME SINCE SHE ABUSED THEM IN PAST AND HARASED THEM ) AND I HAVE HER ADULTERY PROOFS AS WELL.

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Abhimanyu Shandilya

Responded 2 years ago

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A.As per the law mother is the natural guardian of a child and mostly she gets the custody unless it is proven that she is not capable and is of unchaste character. In your case since she has committed adultery so, her chances of getting the custody is minimal and also as your children are little grownup and they do not want to stay with her so in the court they can say that and you should in all probability get the custody of the children.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Collect more evidence through private detectives and convince the Court. You can get child custody and Divorce without alimony if you wait for some more time.

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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.Court will ask daughters if they want to stay with her or you.
so if they tell that they dont want to stay with her then you will get custody order from court.
Also if you able to prove adultery then also she will not get custody.
Hopefully children can also be witness in divorce case to prove adultery if they seen anything.

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Ankita Jaiswal

Responded 2 years ago

A.File application before court to child custody, Your wife is having extramarital affairs and is committing adultery, and your children are over the age of five and willing to remain with you then the Court will grant you custody, any more detail u can cont me, if u like my ans PlZ rate my ans, thanks

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Anik

Responded 2 years ago

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A.Hi,
Your wife is having extramarital affairs and is committing adultery, and your children are over the age of five and willing to remain with you then the Court will grant you custody. When the child is above the age of 5, the courts recognise the child's opinion and willingness and only grant custody after considering their wellbeing.

If you find this answer helpful please rate my answer. Thank You.

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Vaidehi Samant

Responded 2 years ago

A.In your case since your children are above 5 years of age obtaining custody by father is possible and also if you are able to prove adultery of your wife than adulterous wife is not required to paid any alimony or maintenance but considering the legal procedures involved and the current lockdown situation when Courts are not completely working your case might consume some time to reach final stage therefore if possible you are suggested to convince your wife to agree to mutual consent divorce if you can pay her some one time alimony or so and offer her visitation rights of the children at certain fix intervals. Thank you.

If you found this advice helpful then please provide review and give *****. Thank you.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The consent of the children (above the age of 5 years) is considered while granting the custody. Since the children wants to stay with the father, the custody would be granted to the father.
If you like my answer, please rate me.

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Sidhaarth

Responded 2 years ago

A.No. After the age of 5 years, father is the natural guardian. You can also file petition under Hindu marriage Act for appointment of you as guardian. The opinion of children also matter. If you have direct evidence regarding adultery committed by your wife only then continue with charges otherwise amend petition into cruelty.

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