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vineet (self)     15 September 2010

Divorce grounds

Wife is living separately from husband.separation period near or less than 2 years.

what is the minimum desertion period for seeking divorce from wife?

She is having an affair with colleague.

 Are photos with her boyfriend and mobile phone details enough to prove adultery?

Is she claim maintenance if she is doing job somewhere and getting salary more than husband?

Couple having one girl child aged 6 years. How husband can seek child custody?



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 2 Replies

Vinoba (Advocate)     15 September 2010

Hello,

The minimum period for filing divorce on the ground of desertion is 2 years.  Photos and phone numbers can be useful in evidence but one has to need more concrete evidence to prove adultery.  If a husband is able to establish to court that his wife is leading a adulterous life then wife is not entitled to claim maintenance.  As far as the child is concerned, since it is 6 years old, husband can file petition for custody of the child.

L. Vinoba,

Advocate,

Pondicherry.


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