Muslim Law - Divorce & Custody of Infant boy.
Respected Lawyers, I present to you my current situation and seek advise to best protect my interest, rights and any harm that may come to me and family after filing for divorce.
I have been married for over 5 Year and have a son aged 2.25 years. 3 Months back I discovered my wife to be having an affair, I recorded her conversation and whatsapp history. She confessed to affair and promised it was nothing more than phone calls and promised she will never contact again.
I continued spying her phone and figured out she was trying to get updates about the guy from her other friends, so i dug deeper and found photos that confirm she had sex with a guy in a hotel room.
In an attempt to save this marrige I am going to try for a couple counsling, initial discussion with the psychologist has indicated she may be having personality issues.
Though I have softcorner for her but I cannot continue to leave with a liar and a cheater if she does not change.
My question is in an event of Divorce how can protect myself and family if they go for DV or Dowary and most important how can I get physical custoday of our kid
Thanks for your help, in advance.
Asked 7 years ago in Family Law
Religion: Muslim
Thanks for all your inputs:
- My main concern now is to gain child custody of my son (Male) 2.25 Years, in addition to the proof of adultery what measures/proof can I take/accumulate to ensure I gain custody of the child. I want to prepare for everything and then file for divorce.
- I also heard there is a provision to file a case against her lover under section 497 for committing adultery with a married women, does this apply even if it was consensual sex between adults? and what could be the possible outcome? Is it advisable to file such a case?
Asked 7 years ago