Legal Question in Family Law in India

Can I file for divorce when I know my wife has extra marital affair with proof? I have three kids and I am the only bread winner at home. Who will get custody of kids? What sort of financial settment needs to be done if my divorce is granted?


Asked on 9/07/09, 9:00 am

4 Answers from Attorneys

yes you can file and custody will be devided mutually or all with you or whatever you want.

Mutual settlement can be anything as per your requirement. We can help you for deed etc. also

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Answered on 9/07/09, 9:03 am
Prabhat Shroff Shroff & Company

Yes, you can file for divorce, and get it too since you have proof.

Since the wife has no personal income, you can also get custody of the children.

In case your wife files for maintenance/alimony, normally the court grants 20% of teh husband;s income to the wife for her maintenance.

Financial settlement may be done between you and your wife; however, the court has discretion to accept or modify same.

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Answered on 9/08/09, 1:12 am
ujwala mandgi anantmandgi&associates

You can file for divorce on the grounds of mental cruelty and Adultery. You can file for the custody of the children and as your wife has comitted adultery on that basis you can get the custody of the children. If adultery is proved no alimony will be genrally granted by the courts. initially yes an interim maintainece will be granted.

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Answered on 9/08/09, 2:13 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the best way is to settle the matter amicably understanding the fact that as a man can go weak, same way a woman can. so on that count, ask her to go for divorce by mutual consent and it is better if you keep the custody of the kids for their betterment.

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Answered on 9/08/09, 3:25 am


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