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Forum Member (software engineer)     09 April 2012

Custody of the child - 3.5years old daughter


I have filed a case in the family court for the custody of the child under G&WC act.  my wife aged 30 years  - is leading an adulterous life ( have proofs(indiriect - i.e... spending time in the park, going out on a picnic, hugging, holding hands, having hot drinks along with other office colleagues) of her being with other married man who is her colleague aged about 55 years in office)... I had admitted my child for the school last year... since the child is staying with her mother...

My wife is working in a BPO ... she leaves home at around 9.30am & returns by 10pm... have least time to spend with the kid... she comes with that man to family court as well...?

What actions/cases  could be taken or filed against these 2 culprits &   how much of fair chance do i have to get the custody of the child?  Pls suggest...


 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 April 2012

You have to prove in the already filed case that your wife is not a proper person to take of the child.

1 Like


You would get the custody of your child if you prove that she has committed adultery.




Ashish Davessar

Delhi, Chandigarh


Forum Member (software engineer)     09 April 2012

Dear Ashish Sir, 

Thanx for your time & sharing your thoughts on this case.. can the above said proofs (photos & videos be sufficient enough  to prove that they have committed adultery ( would these proofs taken into consideration by the court as indirect proofs? or what type of proofs would be required to prove the adultery?) Pls advice...

Nadeem Qureshi (Advocate/     09 April 2012

yes, these are the best and strong proof to prove it, 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

What about you? If you can show that the kid can be taken care better with you. Your chances of getting child custody are stronger.





Shonee Kapoor

1 Like

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