Legal Question in Family Law in India
Child Custody
Me and my wife are married as per Hindu Marriage Act and settled in Chennai. Recently my wife had a relationship with another married man who is not yet divorced and has a had a child now through him delivered last week. Now I have not yet filed for divorce on adultery as I have accepted to be with her. But now the other person wants to take the baby from her. Is he entitled to claim for the same legally. Also as per the birth certificate my name has been given in the same.The blood group is of my wife also. It is a girl. Can me and my wife get legal custody of the baby and if so what has to be done please advice.
2 Answers from Attorneys
Re: Child Custody
It all depends on your wife.If your wife is willing to live with you then the wife's lover cannot get custody of the child.On the othr hand if your wife wants to leave you,then you will have no rights to the chld
Re: Child Custody
You have stated having accepted to live with her despite the adultery, but what about the wife. Does she still wants to live with you as husband nd wife? This is crucial to your query. In case, she does, then the pther man cannot claim custody of the child.
In any event, the other man has no legal claim to the child.
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