• Child custody in case of adultery

I am married for 11yrs with a girl child aged 6.4 yrs.me and my husband still living under one roof but we dont talk, no physical relation nor he takes care of my expnses. Its an arranged marriage n i hv got nothing from day one of my marriage. He is least intrsestd in sex, zero financial support, responsibility or care or anything. I am a software engineer by profession worked for 11 yrs n now from past 1 yr am at home bcos he played metal game with me where i couldnt concentrate on my work. I went into depression. From the time of marriage it was like once in a yr he might hv had sexual contact with me. It was that bad. Infact i had my child with medical help but not complicated. I concieved in the initial tests only(thro folicular test) since marriage I have been mentally tortured by my husband. He showed no intrst towards my child too. All expenses n evrything i took care off bcos i was doin good. I kept requesting him for divorce but he wants us to b with him only for society. Infact in 2014 he made an agreement on stamp paper but not notorised saying i can do whtevr i want in my life but will live together for family sake. I hv helped him by supporting him financially. In 2014 I have got mentally and physically engaged with a guy whoz our family frn which my husband got to know with in weeks but from last 3 yrs am goin strong with that other guy. So every time i want to walk out of this marriage he threatens me with this affair. Recently he might hv left some detective bhind me n collected the proofs. His cousin brother has done this on behalf of him. Now his cousin is threating me n my guy about the proofs. He is got photos where v r sitting in car n giving gud bye kiss on cheeks n other photo in public n says they hv got much more proofs which am not aware to what extent. So now my question will i lose my child custody? should i imm move for divorce r if i keep quite n what if he files for divorce b4 me with these proofs. Btw me n my husband v currently live like strangrs n sleep in diffrnt rooms n no physical contact at all.
Asked 7 years ago in Family Law
Religion: Hindu

3 answers received in 2 hours.

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9 Answers

1. You have taken the strange step of agreeing to stay with your husband and run physical relationship with another person.

2. You should have filed a divorce petition long back which would have been disposed of by this time.

3. Planting good bye kiss on the cheek is not considered as having physical relationship. Moreover, by proving that you have s*xual relationship out of your wedlock he can claim divorce and/or bring the charge of adultery against your paramour and for proving s*xual relationship out of the wedlock, he shall have to collect evidence like hotel register showing night staying together, copulating photographs etc. Make sure that he can not collect such evidence.

4. File a divorce suit immediately on the ground of cruelty submitting evidence of his cruel acts/abuses, refusing to have s*x with you, not supporting you financially etc.

5. Generally, custody of female child is given to the mother unless she remarries and consent of the child is asked while passing such order of custody which is settled keeping in mind the welfare of the child.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) you cannot be punished for adultery . No case of adultery can be filed against you

2) you can file for divorce on grounds of mental cruelty

3) you would not lose custody of your daughter on account of adultery

4) atmost your husband can file complaint of adultery against your lover under section 497 of IPC

5) your husband can seek divorce on grounds of adultery make your lover co respondent

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Even if husband files for divorce before march he would not get your daughter custody

Court would grant him visitation rights

It is difficult to prove adultery

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. For staying in 5 star hotels for even few hours, the persons concerned shall have to submit their voter ID or other ID proof unless the hotel people have been managed which seems to be impossible.

2. The said two photographs you have mentioned do not prove any thing about your running physical relationship with your paramour.

3. So, do not get succumb to his such threats of lodging adultery complaint against you and your paramour.

4. If you are sure that he has not been able to lay his hand on any photograph which clearly and irrefutably establishes that you two have physical relationship out of you wedlock, you can file the divorce suit against him on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If your husband gathers evidence of your adultery then husband can be granted divorce on adultery and you would not be entitled to any maintenance

2) you will not lose custody of your daughter on grounds of adultery

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. It is very difficult to prove that you have had physical relationship with your paramour unless spending night in the same hotel room together is proved.

2. Otherwise, generally penetrative s*x shall have to be proved by both of you evidence for which might not be possible for your husband to collect.

3. You shall not be punished for abating adultery, your paramour will be.

4. If by any chance your running an adulterous relationship out of your wedlock gets established, you are not likely to retain the custody of your daughter.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

So now my question will i lose my child custody? should i imm move for divorce r if i keep quite n what if he files for divorce b4 me with these proofs. Btw me n my husband v currently live like strangrs n sleep in diffrnt rooms n no physical contact at all.

As you have mentioned that you both are living separately though under the same roof, your marriage seems to be almost dead except that you both have not divorced each other legally.

Having relationship with another guy is your right, nobody can object to it however, that guy can be booked under the adultery offence for having an adulterous life with somebody's wife.

therefore you can decide to walk out of your marital relationship by filing a divorce petition on the grounds of mental cruelty and non-cohabitation and also desertion.

The child custody is a different subject, you can deal with it by defending the case on merits if he files child custody case separately and until then the child can remain with you in your possession and custody.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Currently i know only about 2 photos as proof. If he has already got more then am not sure. My only worry is if i stay with him till march end bcos of my child schooling n if he decides to file only bcos of the proofs he has got recently what will b the consequences if he files b4 me?

The threats posed by him in the name of photographs as evidence to prove your adulterous life is just a gimmick.

Law is different to that of his thinking.

He has to prove the case with substantial evidence and not by morphed photographs.

Yes you can contest the case stating that the photographs have been morphed with an intention to malign your name and reputation.

He is just giving a threatening call, which you may ignore and proceed with your proposed divorce case against him.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

In the worst scenario, wht if he got any kind of proof against me which proves i had physical rship outside wedlock? Am trying to b prepared for the worst bcos at any cost i dont want to loose the custody of my child

Firstly, that is not possible because he should have fixed a web cam inside four walls of any building to get such evidences.

In the worst scenario and if the case is proved, then you may get divorce on the grounds of adultery.

The child custody case is different to the divorce case.

You can fight it on merits if he files one.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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