Anand Kumar (Employee) 08 January 2013

Divorce options

I am married for last 16 years. After 10 years of marriage, I had a child and I came to know of adultery committed by my wife. I had recorded the conversation and confession of her adulterous acts, had gather emails from her email account, and also took a written letter that she committed mistake against the marriage and had her sign along with her parents that she will not commit such acts in future. In the interest of my child and having the assurance that she will not commit any more mistakes, I took her back. We also had a second child and soon after that she along with her parents deserted me. I feel totally betrayed.

We are living separately for last 2.5 years and we also have a property jointly owned which I bought without any contribution from anybody else.

I would like to know the following:

1. Can I file case against her on the grounds of adultery?

2. Can I get custody of my child?

3. Can I get custody of the property without any share to her?

4. On what other grounds can I file for divorce?

5. What options are available for her to take as we have lived separately for 2.5 years now?

Thanks,

Anand

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2 Replies

Chetan Joshi (Advisory/Advocacy) 09 January 2013

Anand...

Answers in chronological order:

1.Under IPC a man can be charged with Adultery and not a woman. However it is a ground for divorce.

2. Yes you can get the child custody. You will have to contest it in court incase disputed.

3. Both will remain to be co owners.

4. You have various grounds..Adultery, cruelty, dessertion (avoid). It is suggested to get a mutual consent divorce which may save money and time.

5. She can have many options if she goes into false allegations. Any ground put will be an extention to her defense mechanism.

Regards

Chetan(dot)7679(at)gmail(dot)com

Tajobsindia (Senior Partner ) 09 January 2013

Originally posted by : Anand Kumar
	XXX We are living separately for last 2.5 years and we also have a property jointly owned which I bought without any contribution from anybody else. I would like to know the following: 1. Can I file case against her on the grounds of adultery? Take: No. Reason being you cohabited and produced another child which means you condoned her acts of adultery in a way! 2. Can I get custody of my child? Take: For that one needs to approach District Court under GWA The Act and place facts on trial. Past alleged acts of adultery if plead well chances are bright is my 50:50 view. 3. Can I get custody of the property without any share to her? Take: Yes if she did not contribute anything then the property is all yours but for the same you have to file a case to remove her name from the documents. 4. On what other grounds can I file for divorce? Take: For better opinion one needs to tell further facts of 2.5 years as to what all happened otherwise plain reading this sub-question you have rights under desertion grounds to seek divorce but I will not advise to act upon hurriedly. 5. What options are available for her to take as we have lived separately for 2.5 years now? Take: She has desertion as ground to seek divorce under. She has option to seek maintenance for herself as well as for the child. She has option to file Criminal complaints cases. She has option to seek right to residence and so on so forth. What I feel apart from all the above; you need a serious Chamber discussion with an Advocate found locally via reference OR daily read last 50 messages in Criminal Laws, Civil laws and Family Laws and then come back here and ask more specific questions.

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