DEVENDER KUMAR (Designer) 18 November 2014

Extramarital affairs and divorce

I am looking help. I come to know that my wife (35 years) have an affair with a 10 year younger boy (around 25 years) and that boy is my neighbor. And for that my wife is taking divorce and my father in law and mother in law is not having any problem in this. And my wife has filed a Divorce case under section 13(1)(ia)(ib) she is not demanding anything except for divorce. I have two kids daughter 9 years and son 6 years and my wife next week expecting third kid. My ist hearing on court is 16 December and my in-laws are not allowing me to meet my kids they are saying you can meet only after court hearing and on the other hand that boy is regularly meeting my kids. Is there any way I can meet my kids. I am earning monthly Rs. 40,000 and my wife is not doing any job and that boy is earning Rs. 30,000. Family status wise we are same. Now I want to know

1) My wife will gets divorce easily from court and she is ready to live in relationship with that boy even without divorce. Is there anything I can do so that they can't contact each other or meet. My wife is staying with my in-laws.

2) On which grounds I can ask for my Kids custody. And what are chances I will get my kids custody and on what grounds. What I have to do get my Kids custody.

3) There is any chance this divorce case can be dismissed in court if yes on what grounds. And I don't want divorce because it will spoil my kids future also. And they are my last hope for life.

My case is in Gurgaon family court and looking a help of a prudent lawyer who can help me to get my kids custody and even help me to dismiss my divorce case in court.

Looking for a help.

Regards,

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 18 November 2014

You can contest the divorce case. You can submit your written statement for not accepting divorce. You have a right to file a children custody petition. The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. A non-earning mother will not be disqualified but the earning father will be asked to provide child support. While the mother is the preferred custodial parent when the child is of a tender age, once the child attains a discernible age, his/her wishes will be considered while deciding theissue of custody and access .

(Guest)

What a characterless woman! Having a 9 year old kid and 6 year old kid and ready to cohabit and live-in with a guy 10 years younger to her? You can file adultery case against her and also make this guy a co-accused. Collect this guys address, if possible get a private detective and take photos or videos of your wife meeting this guy. and you cannot do anything regarding her contacting him. There is no way you can stop them, You may try to lock her in a room, but that will amount to cruelty and she can file 498a as well as DV case against you. And the said adultery case against her wont have any effect on her, law does not punish women for this, at the most you can get divorce based on the fact that she is adulterous in nature [in proved with right kind of evidences like photos, her self confession that she is in relation with that boy, videos, and other witnesses who have seen her move around with that boy]. Even child custody you will get once the adultery is proved. So gather as much evidence as possible about her adultery. On the other hand, if you just allege adultery and fail to prove it in court, she can file case against you, and you might end up going to jail for making false accusations under perjury. If you are not able to prove adulterous nature of wife, you wont be given custody of children, as usually mother will be given custody of children as they are young in age. The elder one's custody may be given to you since he has crossed 7 years of age, the elder kid will be asked whom it wants to live with, depending on that you will get custody of that kid.

Though it is understandable about your decision to save the marriage, as it takes two to tango, if your wife does not want to live with you, nobody can force her to live with you, no court can do that. The fate of kids future depends on the result of guardian and ward case that you will file for getting custody of kids.

You can do one thing, you should appeal in court in such way that the court will understand your feelings about the future of the children, as children need both mother and father to have a good upbringing. This made aware to court, the court may dismiss her divorce petition. But there is no absolute gaurantee that court will dismiss her divorce petition.

Go to Gurgaon court complex and ask for divorce lawyer, you will find many an lawyers. You can just hope to find a competent lawyer.

It would be advisable to let go your wife by giving her divorce/or agreeing to her divorce petition. Women of that character will have a bad influence on children. You wont be able to live peacefully with her.