I want a divorceas she cheated me.she is 8 months pregnant with me.can i take custody of my child.from when?

Question

now I came to know the facts, she didn't get divorce from her former husband. it was church annulment. she could not marry in her religion, I thought she genuinly accepted the religion for me but she had her own purpose.she cheated me.she changed to islam and go t married to me.she came forward knowing fully well that I 'm a married for11 years with 10yrs child.my first wife is her colleague.
I want to divorce and take custody of child whom she 'll deliver in 2 months.

Answer 1

Your second wife is in trouble! She married you second time without getting legal divorce from her first husband hence she is liable for bigamy punishable under section 495 of the Indian Penal Code. The very fact she was Christian before marring you she must have got married in a church according to Christian form of marriage, a record of such marriage are supposed to be kept in the church so get a copy of such certificate, with the help of this certificate & certificate of your marriage with her, fill a complaint against her for bigamy under section 495 IPC. The result of this complaint will be she herself will come forward & agree to all your demands from custody of child to divorce what ever you want. This is the best way to get things done in this case otherwise getting custody of such a new born child will be very difficult for you through court in a custody case & it will take a longer time for even getting it.

Answer 2

I think you got problems buddy and it isn't your wfe.

First of all, if her divorce is not legal, you aren't married in the first place so a divorce doesn't need to happen. If she got a church annulment, she certainly can marry in her religion or any other for that matter.

Secondly, most peope who change to a religion to marry someone do it because they want to marry the someone, not because they have some deep religious need to be in that religion. I always think it's totally bogus to expect someone to change religions. You are in the US--forced religion doesn't exist here!

Lastly, you aren't likely to get custody of the baby unless she is an unfit mother. Babies do better with their mothers in most cases and the courts recognize this.

Answer 3

If you file divorce petition before birth of the child you cannot get the child in your control. Even after birth you cannot get the child because mother's milk is essential for a child to grow and his or her health depends how long the child is given mother's milk. After completion of about 6 months again you cannot get the child because you are the earning person and you cannot take care of such a Small baby. If court passes order in your favour after certain age you can have the child in your custody

Answer 4

You can divorce her but it is unlikely that you will beable to take the baby from her unless she is proven to be an unfit mother.And the fact that she cheated does not mean that she would be an unfit mother.