1) If she accept the extra martial affair than she will not be entitled for alimony or maintenance only her son can get monthly maintenance from husband that also he will become major till the age of 18 years.

2) If its not true and husband is putting false allegations on wife so wife should deny it and fight for it.

if wife agrees that she had an extra maritial affair she would not get maintenance

2) wife guilty of adultery is not entitled to maintenance 

3) husband would be granted divorce on grounds of adultery 

1. Husband has already sued her. Divorce is a matrimonial suit, which he has filed
2. He can plead for alimony too, in the same suit

Dear Concerned, 

It is better that rather then accepting her extra marital affair she should ask her husband to file a divorce by mutual consent .  As soon as the Mutual consent is filed the Divorce proceeding filed y husband would have to be withdrawn. Which will be good for wife. 

If the husband is furious enough on the wife and want to make sure that he takes divorce by proving extra marital affair - if he is able to prove he will get the divorce and the divorce decree will always remain their stating the wife,  fault.  

So better for wife to request mutual divorce. 

That is a valid ground for divorce.  You can proceed with the divorce on such admission

If mother insist that she wants child custody in 99% a custody of child goes to mother than father.

If father wants than he has to prove that mother is not capable to handle or take care of son and hence father want a custody of child.

custody of child is generally awarded to mother 

father would get visitation rights 

best option is to convert existing petition for divorce into divorce by mutual consent 

1) Father is the natural guardian under law

2) However, till 5 years of age, custody remains with mother. 

3) What I have stated in 1) and 2) is the general principle regarding custody of children. The decision of the judge, regarding custody, depends upon not just  these general principle, but also taking into consideration the physical, mental and psychological well being of the child, the interests of the child, the wish of the child and the conduct of parties

Her acceptance of the factum of her extra marital relationship, only paves way for the divorce.

Apart from this, there are no other legal consequences of this acceptance.

In case her involvement in extra marital relationship is proved, the husband will have decent chance to win over the custody of this child 

1.An Adulterous wife cannot claim maintenance. 

2. ground of extramarital affair adultery your friend will need very solid and direct evidence to prove in court. 

Dear Madam,

For your first question, the husband cannot sue for accepting the her extra martial affair.

Under this law a woman cannot be punished for the offence of adultery. Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offence in India. If someone "lives inadultery", the partner can file for divorce.

Secondly regarding Child custody:

Your friend having absolute right over custody of her child upto 5 years. After that the court can decide accordingly.

Recently, the Supreme Court had stayed an order of the Gujarat High Court asking a mother to take her eight-year-old son to the United Kingdom, because of a judicial order passed there in a custody battle initiated by her estranged husband. Divorce and custody battles can become a quagmire and the innocent child gets caught up in the legal and psychological warfare between both parents.

Under Indian law, maximum importance is given to the best interests of the child and so either parent does not have a clear primacy to be granted the custody of the child.

After the dissolution of a marriage, custody of a child can be given as:

Joint Physical Custody: A new concept that has evolved while negotiating divorce settlements. Both parents will have legal custody, but one will have the physical custody (child resides with him or her) and will be the child’s primary caretaker.

Sole Custody: One parent has been proven to be an abusive and unfit parent and the other parent is granted custody.

Third Party Custody: Neither of the biological parents are given custody of the child. Instead, the child custody is granted to a third person by the court.

The Guardians and Wards Act, 1890 is the universal law pertaining to issues involving child custody and guardianship in India, regardless of the child’s religion. However, under secular principles, India also sanctions laws pertaining to different religions.

Under secular law as well as Hindu law

• The mother usually gets custody of the minor child, under the age of five.
• Fathers get custody of older boys and mothers of older girls, but it is not a strict rule and is primarily decided based on the child’s interests.
• The choice of a child above the age of nine is considered.
• A mother who is proven to neglect or ill-treat the child is not given custody.

• Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
  
  
  

If she accepts that she is having an extra marital affair she will not be entitled to claim maintenance from him in future and also if the husband wish he can file for custody of child and prove based on her acknowledgment that she is of bad character and get custody of child. Instead let both the parties go for mutual divorce under Sec-13-B of hindu marriage act and custody of the child be decided mutually.

In general, adultery or matters between the parents getting divorced has no bearing on child custody or child support. 

Under Section 6 of the Hindu Minority and Guardianship Act, the Custody of the child till the age of 5 is gives to Mother. 

don't they settle for Mutual Consent Divorce?

accepting extramarital affair in Court can create problems for the lady in future as if remarry and in case some problems again rise in the second marriage, said document (confession of an extramarital affair) can create problems for her.

if she has to confess, then make it in such a decent way that it won't hurt her in future.

she can lose custody of the child in such a case (confession of an extramarital affair)

There is no need to admit her guilt. She can also allow the suit to be divorced ex parte if she indeed wants divorce fast by not participating in the suit. 

In divorce suit custody of the child is never transferred by court. 

Hi, 

Instead of accepting allegations, it is better to take the case towards mutual consent and settle everything as per mutual agreement of both the parties.

No husband cannot sue for accepting the affair though if they both want divorce mutal divorce is best way out. 

Further more if she accepts the affair then it can effect alimony maintenance or husband can take this ground for child custody.

See not necessarily but husband on the ground can contest and can ask.for child custody since the age of child is small it shall be necessarily with the mother.

She may be planning to bring the long drawn legal battle to a close 

There's nothing wrong with that thought. She can admit the allegations and can submit to the decree he prayed for and can get divorced if she's also in the idea of dissolving the marriage. 

The custody aspect can be mutually agreed between them or the court may decide on merits of the case. 

Adultery is a ground for divorce and if she accepts this the decree shall be granted by the court immediately. It will have consequences as the court shall favour the husband as far as child custody is concerned.

The husband cannot sue her but she may not get alimony at all or very little amount. The maintenance amount may also be lessened.

Regards