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Gagan   07 February 2024

Looking for legal advice

I have been married for 20 years. From day 1 my wife was against the marriage as her parents forced her to get married to me instead of her boy friend. But due to social pressure we married. She has not been faithful and has had multiple extra martial affairs. For a brief period I thought everything was alright and she had forgotten everything, we even went ahead and had two kids. But over the years we have drawn apart. Recently I discovered that she is still seeing other people and now I am devastated.  I want to separate from her but because of aging parents and kids future don't know if that is the right thing. Can we be still married and be separated? If we divorce I fear she will not let me see my kids as court will favor mother. Please help. 


 3 Replies

Anand Dange   07 February 2024

Hello read your query. It is simple unless and until you take divorce as per law, you will remain married.
and question of you want to live separate from wife, the answer to that is there is no law which provides you this concept. So there is no provision according to law such as live apart from your wife when you married.

Adv. Anand Dange

Gagan   07 February 2024

Thank you for your reply. Can I file for divorce on basis of adultery? She loves this setup, I pay for everything and she gets to keep all her salary and enjoys her affairs, she will not be ready for divorce. Regarding the custody of kids, What age does the court let the kids decide who they want to be with? Is she entitled to any alimony? She makes good money and has never contributed in any assets that I purchased after marriage.  

T. Kalaiselvan, Advocate (Advocate)     07 February 2024

If you want to avoid social stigma by fling a divorce case, nothing prevents you to live separately away from her.

Nobody can force you to live with her against your willingness. 

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