• Child custody and Alimony

As per Hindu marriage act who would get child custody of 7 year old son if mother is repeatedly involved in extra marital affairs? I don't want to give her divorce as that required alimony but need child custody as my sons education is getting hampered. But I have enough proof and confession in audio recording and written form of her illicit relationship. But I don't have any proof of her adultery. And I have proof also that I have given her several chances to get rectified. She is a house wife , left home with all are certificates and jewelry and don't want to do child care & house hold daily work and she confessed that also. She never done some job and her educational degree is same as me. Is she entitled to any alimony also??
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1) welfare of child is paramount consideration

2) you can seek joint custody of child

3) merely because wife has had an extra marital affair is no ground to deny biological mother custody of child

4)wife guilty of adultery is not entitled to any maintenance

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. Mere adultery of the mother does not disqualify her from getting child custody as a woman may be a bad wife but a very good mother. Unless it is proved that the mother has committed adultery on more than one occasion and with many persons it is not a ground on which her claim to child custody can be thrown out.

2. The confession that you have recorded will be refuted by her as being obtained under duress, so it is of no effect. You have to prove adultery through substantive evidence.

3. If you can prove her adultery then she cannot claim maintenance.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can apply for child custody on the basis of your economic status and also in the paramount interest of your child's welfare owing to the adulterous life of your wife.

You can make the pleadings and also cite the incidences wherein she admitted to be involved in the act of extra marital relationship with some other person and fled the home due to that.

This reason would be sufficient to deny her maintenance amount too in case you are planning to file divorce case also simultaneously. .

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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