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Tejeshwar Singh (Business)     16 April 2020

Divorce on grounds of adultery

In 2015, I found out that my wife was cheating on me, when I found a s*x video on her phone. Investigations over the next few months proved she had s*xual relations with at least 2 men; had shared explicit and naked photos of herself with 2-3 men and was also indulging in s*xual chats with 4-5 men. I went through deep trauma for few weeks and had to undergo counseling. The total process of trauma management took over 1 year. As I have small children, my wife still stays in my house. She has a job earning approx the same as me. My queries are: 1) Can she be forced to pay for half the domestic expenses if she stays with me in my house 2) Since I have the proof / evidence in the form of video, how easy or difficult is it for me to get divorce on grounds of adultery 3) If we divorce, can I get full custody of our children on grounds of immoral behaviour 4) After divorce, with full custody, can I ask for continued payment for the expenses towards my children


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 3 Replies

G.L.N. Prasad (Retired employee.)     17 April 2020

Please understand the limitations of open forum and always avail the services of a local advocate as many facts are needed and open forum guidance is not proper way for litigation when several facts are involved.

 

N. Sivaprakash, Chennai 984099 (Advocate)     17 April 2020

There's no justification in retaining her in your house. Her presence will spoil the mind an future of the Children. You file a Petition for Divorce on the ground of cruelty. You can also get a relief restraining your wife from taking the Children from your custody stating her immoral behavior as the Court will take into account only the interest of Children. At the most she can ask for visiting rights of the Children.

P. Venu (Advocate)     17 April 2020

The facts posted are sufficient to seek divorce. There is a fair chance that you will get the custody of the children. It is unwise to seek anything more.


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