I have been married from the last 9 years and have two children. I have recently caught my wife (34 yrs) cheating on me with her school colleague, she is a teacher in reputed school and had been going around with her colleague from the last 4 years. I have her whatsapp messages with a phone which she was keeping in secret, the number was given to her by another colleague of her and they also were having romantic chats. .She was also caught in 2011 with her schoolmate having intimate chat with him. This was her 6th affair and everytime she was caught, we used to get threatened with dire consequences by her and her family. Now I have sufficient proofs of her accepting infidelity giving justification i never given time to her. My case history is complex but based on the proofs its simpler. I am curious to know on what ground judgement can go against me? I need custody of my children as they are still living with me while she has been staying with her parents from the last 2 months.
Hello
Adultery is a ground for divorce and multiple affairs do signify that the spouse is unfaithful and is not interested in the marriage or her children but is only interested in satisfying her sexual desires.
Therefore if you have proof of multiple affairs then file a divorce petition and also for custody of children as she is incapable of taking care of the children. Also she is living away from her children and you for 2 months Bd obviously does not care for them.
Regards
If you go for divorce petition on the grounds of fadility and submit the evidence in support of the claims to get the divorce.
You may claim the custody of the children on the same grounds and you may loose only if you fail to prove the infedility.
1) You can get Divorce from her on adultery ground and child custody as well as she is not capable to take care of her children.
Husband can file petition for divorce against his wife on grounds of Adultery, though its very difficult to prove adultery. Any evidence which you may be able to bring, will still stand good, to seek divorce on grounds of Cruelty
a minor child who has not completed five years of age, shall be allowed to remain with the mother.
not to provide time by a husband cannot be an excuse of extra marital affairs having two children for a working lady. as per your statement there is no ground which can go against you. you can easily proceed for divorce and ask for your child custody.
You can file for divorce on grounds of adultery and cruelty by wife under Section 13 of the Hindu Marriage Act for which you'll have to adduce documentary evidence to prove your claims.
Also, you should file a petition for seeking custody of your child stating that your wife is incapable of taking care of the child owing of her reckless nature as well her extra marital affairs. If you can evidentiate any incident where the child had been harmed owing of her negligent attitude, this would strengthen your case a lot and establish that your wife is unfit to take care of the child.
File for divorce on grounds of mental cruelty and adultery
2) wife having extra marital affair amounts to mental cruelty
3) you have to prove allegations made in divorce petition
4) seek custody of your children
You shld file divorce petition against her prior to filling any complaint by her against you. You ll get divorce on these grounds and custody of ur children ll be remain with you
Sir you can file a divorce case on the grounds of the cruelty and adultery further can lodge a NC police if they threaten for false cases. The colleauge of her can be made respondent in the case and the divorce case can be persuaded.
Further case of the custody of child can be filed on the gound that mother is not able to take care of the child and further ignorant towards the welfare of child and deserted him.
Dear
if you can prove her adultery than you have s very good case of divorce and as far as custody of children the wishes of child counts a lot and they are asked with whom they want to live and also the earning capacity of that patent is seen before granting the custody. The girl child are normally given to mother if below 5 yrs.
Adv vikas
Thanks for all the answers. I do have all proper proofs, including WhatsApp chats and phone/sim through which communication was being done. Regarding custody of children, my daughter is 3 and son is 6. While my estranged wife has a history of affairs and i have proofs, and the reason i always went through family connections to sort out the issue and planned children as i had an iota of hope, but it didnt work out. why our law still will give the custody of girl child to a characterless mother, what about upbringing of girl? Court dont consider these factors?
Sir it is settled principle in custody case that there is no binding law the court can decided the custody of child based on welfare of child if child's welfare that is daughters welfare is not with mother and it can be substantiated before court then custody can be given to father.
1)welfare of child is paramount consideration
2) court generally awards custody of young kids to mother
3) merely because wife has extra marital affair is not ground to deny her custody of children
Court definitely factors such things while giving the custody of child and there are many judgements in which the custody of child was not given to a mother who was very negligent and had many Extra marital affairs after marriage as the court rendered the mother unfit to provide the safe environment to the child.
Dear client
it is not that the court always gives the custody to mother it depends on facts and circumstances of each case. It all depends upon how you present and dight your case its only that the mothers have edge over the father so you have to work hard a little extra. Engage a good lawyer who can make your case very strong and argue efectively.
Adv Vikas
Sir,
Eventhough you feel your case is very strong but it is very difficult to prove adultery unless having photos and videos in uncompromising situations of both .
You need to act very wisely or else a character less person may harm your status and even land you in trouble.
1) As per G&WA father get child custody first and than mother.
Move a divorce petition on the ground of her exra marital affairs.
You'll have to demonstrate/establish with sufficient particularity that she was involved in these affairs.
Move an applicaton under section 26 HMA once you file your divorce petition seekig custody of your children.
If you have sufficient evidence against her, you must file a divorce petition without wasting time anyfurther