Legal Question in Family Law in India
divorce and child custody
i am married and have a son of six years. Now my wife has had a relationship with another man whose name she has confessed to me and is due to deliver the child got through him.I would like to know under what condition do I need to apply for a divorce and for all reasons I would become the father of the kid which she will deliver in about a week now and will I get custody of my son and what are the supporting do I need to produce to the court at the time of my application or hearing. How long will it take for me to get a legal clearance from this problem.
2 Answers from Attorneys
Re: divorce and child custody
First of all, you should have given details regarding your place of stay, of marrigae, how long married etc.
Secondly you can sue for divorce on grounds of adultery, however you shall have to prove the same, through evidence, both oral and documentary.
Re: divorce and child custody
The most important fact is your religion to enable an attorney to decide which law wud apply in your case. Second comes is your place of marriage and third relevant factor is the welfare of the child. Ofcourse, adultery is the ground for divorce under all acts, no matter what the religion is.