Divorce case against wife on ground of illicit affair with two persons

Tilak Marg Forum for Legal Questions Forums Family Law Divorce case against wife on ground of illicit affair with two persons

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    • #584
      Anonymous
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      sir, I married on 28.12.2002. I have two kids one boy of 12 yrs and
      one daughter of 7 yrs. My wife leaving matrimonial house 1 year ago
      and given custody of both kids.with me. now I file divorce case in the
      month of aug/2016 due to her affair with two person. i have proof of
      her voice recording,sms with that two person. two of one person
      approaching me to save him from this case because he is married and
      very afraid that i will give that voice recording to his wife ,so he
      is ready to give me in writing whatever i want. and the second person
      is not taking my divorce notice he is unmarried person having physical
      relationship with my wife which my wife is accepted in her voice
      recording with me. now I heard that she is filling DV & RCR , she is
      working as a teacher when she was with me. and she is Bsc.Bed with
      computer basic knowledge now sir can I go for permanent child custody
      and what you advice me more?

    • #585

      Section 6 of the Hindu Minority and Guardianship Act, 1956, is reproduced below for your information:

      6. Natural guardians of a Hindu minor.—The natural guardians of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are—
      (a) in the case of a boy or an unmarried girl—the father, and after him, the mother : Provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
      (b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father;
      (c) in the case of a married girl—the husband :
      Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—
      (a) if he has ceased to be a Hindu, or
      (b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).
      Explanation.—In this section, the expressions ‘father’ and ‘mother’ do not include a step-father and a step-mother.”

      As per above provisions, in the case of a boy or an unmarried girl—the father is the preferred natural guardian, though it is also provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. However, in your case, both children are above the age of 5 years.

      In view of this, you can apply for regular custody of your children.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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