Legal Question in Family Law in India
Married according to the Hindu Marriage Act in 1994, Wife has been caught having an affair for the las 3 years . Have 2 kids one 10 and one 5 yrs old . I would like to know the following
1) Can I claim full custody of the children am less financially sound than her she made me spend all the money on her lifestyle u see
2) In case of Joint custody can I lay down a condition that whenever she meets the other gentleman, or lives in with him , goes out or gets married I should get complete custody snce that gentleman is in my opinion a bad influence on children
Lastly f need be can I sue her
regds
3 Answers from Attorneys
1. You have the recourse to file a petition for divorce against your wife on the ground of proved adultary.
2. You can file a criminal complaint u/s 497 IPC against the person with whom your wife is having an affair, but in order to succeed you must have sufficient proof of the said relationship.
3. If divorce proceedings goes on you can file a petition under Guardianship & Wards Act.
The custody issues is to be decided by the court based on evidence produced on record. However, you are entitled to submit your pleadings and evidence and present your point of view based upon material available on record. It will be better to engage a local lawyer for conducting your case.
you will have to prove your allegations in the court. getting custody of such small children is almost impossible unless they reach atleast 15 yrs of age. Yes you can sue her.
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