Legal Question in Family Law in India

ground for divorce and child custody.

I am married as per Hindu marriage at Trichy and now settled in bangalore.Now my wife has confessed that she has a relationship with other man from whom she is carrying a child and due for delivery in a week. I also know the person. We have a son who is six years now. Under what ground can I file for a divorce now and will I get custody of my son and what is the legal status of the child which is going to be born if I donot file a divorce before it is born and will I have problems if I do so later after the kid is born. How long will the whole procedure take? Please advise.


Asked on 4/29/02, 3:02 am

1 Answer from Attorneys
Prabhat Shroff Shroff & Company

Re: ground for divorce and child custody.

You may file for divorce on grounds of adultery, and for custody of the child. There are fair chances of success. However you may have to adduce evidence, preferably documents such as photographs etc regarding your wife's adultery.

As regard the status of the unborn child in the event you donot file for divorce, it is your prerogative to adopt the child if you so wish.If you do not so wish, you will have to prove that the child is not yours by a DNA test.

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Answered on 4/30/02, 1:21 am


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