Legal Question in Family Law in India
custody of child in the event of a divorce
I would like to know who will get the custody of my son who is now going to be 6 years on our divorce and if my wife has committed adultery and is carrying does she still get the right over him and if so should I wait for the delivery or file a divorce prior to it.
2 Answers from Attorneys
Re: custody of child in the event of a divorce
Adultery is a ground for divorce provided you dont have relations with your wife.You should file for divorce immediately and ask for custody of your son.
Re: custody of child in the event of a divorce
The delivery of the child has no relevance with your petition for divorce. In the event, you want to proceed for divorce, you may do so immediately. As regard custody of the child, you shuld have no difficulty in getting the custody through the court.
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