• Visitation rights for kids after my adultery

I am 37yr old male married for 12yrs, and have 2 kids aged 8 and 5. I am in relation with a colleague for a yr and are serious about our future. My wife is aware of our relation and I have tried talking out mutual divorce, assuring financial security for all of them and maintain the same lifestyle as now. I am earning 35-40L/annum, and since she isnt working, I am willing to help them every way possible. She is aware that I am serious about my relation with my colleague and things can never be the same with my wife as before. However she is threatening suicide and even threatening that i will never get visitation rights for my kids, if i go the non mutual way. She comes from a rich family and am worried if the money power can actually help decisions in her favor. Please advice the best way, since i cant stay without seeing my kids and nor can i live in this marriage with the same affection as before.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1) court would award you visitation rights for children

2) wife cannot deny you visitation rights

3) in your divorce petition seek joint custody of children

4) court would award you visitation rights at least

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Hi, You being a father of your children you are entitled for visitation rights for your children, you will get the visitation rights....no body will stop you to see your children.

2. If you file a application under the provisions of Guardians and ward acts you will get the visitation right to see your children.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

wife can file false DV / 498A case against you

2) you would not lose your visitation rights for children

3) in divorce petition you can seek custody of children

4) you can issue notice to your wife for divorce by mutual consent

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. Even if there is a contested divorce you are going to get visitation rights.

2. Since she is not ready to go for MCD the only remedy for you is to file a petition for dissolution of marriage on the grounds available to you under HMA, but apparently you and not her are on the wrong side of the law. From the facts narrated by you no ground under HMA is attracted in your favour.

3. The petition under Guardians and Wards Act is not required to be filed with the petition for divorce.

4. If your wife gets evidence of your extra marital relationship she may implicate you for the offence of bigamy.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

First of all the adulterous life will be a negative point in your life during your pleadings for child custody.

You can apply for child custody and visitation right provided you are living separately away from your wife and not in the same roof.

If you are living separately and your wife is not allowing you to see the children then you may apply for child custody

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Divorce proceedings is different to that of child custody petition. This petition should be filed separately

-she is not agreeing for mutual consent divorce, you can file a separate petition seeking dissolution of marrige on the grounds of cruelty

It depends on how strongly you prosecute your case

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. you can file both petition in same time.

2. place of jurisdiction under guardianship act is the place where the child resides.

3. if parties to the marriage is living separate for more than one year and there is no possibility to live together they can file divorce by mutual consent.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

4. for living separate does not mean that they are living at different places, they can file MCD even they are living under one roof.

5. consent is necessary, Deepa bhatnagar case held by the suprme court that if any party retracted and withdrawn his consent, MCD cannot be granted.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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