• Divorce

I am a mother of 2  minor kids.a girl aged 9 n a boy aged 7.i want divorce on grounds of adultery.i have proofs of my husbands adultery.he took away my son and is not letting me meet or talk to him.he is not ready for divorce bt I cant consider reconcilation.he is elleging me.of having an extra marital affair which is not true.
Asked 10 months ago in Family Law from Srinagar, Jammu and Kashmir
Religion: Muslim
1) you can obtain divorce from your husband under provisions of Dissolution of Muslim Marriages Act 1939: on the grounds  of cruelty 

2) having an extra marital affair amounts to cruelty 

3) accusing wife of having an extra marital affair amounts to cruelty

4) you can in divorce petition seek custody of your child . Among the Hanafis, it is an established rule that mother's right of hizanat over her son terminates on the latter's completing the age of 7 years. . 

5) court would  atleast award you visitation rights 

Ajay Sethi
Advocate, Mumbai
23369 Answers
1224 Consultations
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File a child custody case before district court 
Or file a divorce case before district court.
You may also file a maintenance case against him.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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You can file a divorce petition on ground of husband indulging in adultery if the same can be proved. As far as the custody of your son is concerned you can file an application in the divorce proceeding or under a separate act. His bald allegation could be a counter only to justify his own conduct You don't have to hold back your action on this allegation. 
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
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You are free to file for divorce on the ground of adultery with the evidence you have. A petition for child custody is required to be filed by you to get their custody, which will be decided on the basis of welfare of child. The courts ordinarily award custody of minors to the mother unless the husband can prove that he is better placed than mother to secure the welfare of child.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Hi, As per Dissolution of Muslim Marriage Act, you can't file a petition for divorce on the ground of Adultery you can file a petition for divorce on the ground cruelty or any other grounds.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
It does not matter that he is not ready for divorce. under Dissolution of Muslim Marriages Act, adultery is a ground of divorce and if you prove it beyond reasonable doubt you became entitle for divorce without consent of husband because he has no ground to live with you. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Yes, you can apply for divorce on the grounds of adultery if you have evidences to prove his adulterous life. 
The adulterer has to be impleaded as a second respondent in the divorce petition. if your child is held by him, you may apply for child custody case to bring the child back to your fold. 
Consult a local lawyer and proceed. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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