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Gautam (businessman)     10 April 2013

Fathers rights when divorce happens during pregnecy

Me and my wife want to file for divorce as i found out about her affair with one of my collegues. Though we tried to save our marriage but i cannot forget what she did to me and she cannot stop interacting with her boy friend. Though we have decided to get seperated she is 2 months pregnent. I am still to initiate the divorce proceeding and wanted to know some details before moving forward.
I dont wat to trouble my wife by trying to take custody of the child as it is inhuman to both mother and child. I just want to know what are my duties and rights as a father when divorce happens during pregnancy. I would like to see my baby grow up like i always wished and also be with her/him when he needs me.

Is it possible that if i stay close by i can have my baby visit me 3 days a week so that i can be with her\him. By my initial research i have come to know that a father can demand custody to the child only after 5 years, but i dont want to take away the baby from her mother just want to stay with the baby as much as possible. I want to ensure that the baby does not suffer due to my differences with my wife.

Kindly reply as soon as possible.

Thanks in advance



Learning

 2 Replies

BASANT KUMAR VASHIST (Advocate)     10 April 2013

 you and your wife want to file for divorce . both has decided to get seperated & she is 2 months pregnent.

but dear law is that if any spouse want to take divorce thant thay living seperately one year. than file a case for mutichal divorce.

--what duties and rights as a father when divorce happens during pregnancy. I would like to see my baby grow up like i always wished and also be with her/him when he needs me.

ans. you have to pay mententions of your child.

if you want to cair of his child than you have to do.

to have something and to luse somthing.

so you donot thing in divorce something  forget and understand his wife & his relatives.

Tajobsindia (Senior Partner )     10 April 2013

Your options are below;

Option 1:-

- If you / your side have silver quality adultery proof and your side can bring action suit to justice on grounds of adultery then use 'adultery' as grounds for divorce.

- If as in above her adultery is proved then Law says she cannot have rights to newborn and for the same during 'adultery' proceedings file S. 26 HMA so that by the time your silver quality evidences are looked into opinion of the Court is also bounded on custody of the child.

- Forget inhumanness or humanness. By just being visiting father a person does not become humane in eyes of newborn is my view. However approach to such private issues may differ from person to person and herein if you have healthy female member in your family then this option is better for all long term purposes is also my view provided adultery is provable in cause title of the thread.
Reasoning:
Law recognizes in case natural mother is found to be adulterous she can be disentitled of child custody.

Option 2:-

- If marriage is already 1 year old then opt for MCD by jointly filing along with MoU with child related terms and conditions which is mutually agreed as paras such as terms related to visitation / maintenance / upbringing etc. which offcourse she should also agree too them post decree in MCD proceedings for a very long time to come.
Reasoning:
Your brief wordings give impression that both parties wants marriage to end in peaceful way hence during her pregnancy if terms about visitation and related once are mutually agreed and for next 18 years she can be bound by those terms and conditions then MCD is suitable option. However it is difficult to keep check for that long a period by both parties post decree in MCD as lots of things changes and cannot be bound down forever (18 years is what means here). It is complex joint decision even in rosy scenarios is my view on this option!


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