I am married for 7 years now and we have 2 kids. My wife is cheating on me for the second time. If I file for divroce, would I get custody of my children? What does the Indian law state?
2007-03-21 12:46:22 · 4 answers · asked by just4kickz 1 in Family & Relationships ➔ Marriage & Divorce
Indian marital laws are different for people according to their religion & form of marriage they have undergone. For Hindus married according to the Hindu marriage ceremonies, The Hindu Marriage Act, 1955 is applicable & according to this statue the ground of cheating parse is no ground but it can construed as mental cruelty which is a valid ground for divorce. But for Indian Christians the Indian Divorce Act, 1869 does not have this ground of cruelty parse as a ground for divorce but it has to be coupled with Adultery then a wife can apply & get decree of divorce but for husband the only ground is Adultery for getting divorce. I have just given a brief information regarding Indian Marital Laws but until & unless you give full information regarding your religion & form of marriage you have undergone I wont be able to clearly give you the correct information regarding the divorce you seek on the ground of cheating. As far as custody of children is concerned it is unto the court to decide it based on the principle of welfare of the children, the court decide to give custody to the parent with whom the exist welfare & better future of the children provided the other parent can always pray & get the right to visit the children. The issue of custody also depends on the income of the parents, their educational background, their marital status after the divorce, time each can spend with the children that will help in their development, & even the opinion of the children with whom they want to stay are few of the considerations that are taken into account. Write to me directly for further information.
2007-03-21 17:16:32 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
I will say for the child sake just excuse your wife .get transferred to somewhere & live with your family happily marrily. If you really love your child. By divorce you are snaching his/her shelter. as a punishment to your wife.
How will you proof cheating & divorce? Indirectly you will proof you were not good for her or were inferior to her that is why she preffered somebody superior. Bring alll the dirty laundry oof home on the intersection of the city.
I am totally against divorce. This makes a child orphan even after both parents are alive. Just send your wife to Mayke or sasural so disconnect this relation or go on Vacation for a month or 2.
2007-03-21 13:05:47 · answer #2 · answered by Nancy 2 · 0⤊ 0⤋
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2007-03-22 06:57:39 · answer #3 · answered by Anonymous · 0⤊ 1⤋
U would be sharing the custody..
2007-03-21 12:52:24 · answer #4 · answered by Smile- conquers the world 6 · 0⤊ 0⤋