When a person commits the act of adultery, there is absolutely no scope for reconciliation. Physical intimacy is one of the core establishments of a married relationship and if your spouse, violated that by becoming intimate with someone else, it is extremely difficult to remove that distance and talk about reconciliation.
An accusation such as adultery must be dealt with cautious hands as it is an irrevocable action.
Things one need to consider when suspecting partner of adultery or cheating before deciding the next step:
- Be sure of the accusation: One should know what constitutes adultery and they must have evidence to substantiate their beliefs, and not a mere suspicion.
- Hiring private agencies to spy: Catching your partner in an adulterous act is almost impossible. Thus many people approach spying agency. Hiring spying agents to get full investigation report in order to be sure of adultery consists some risks. Though, presence of spying agencies are legal but not at the cost of invasion of privacy. Violating a person’s privacy amounts to breach of fundamental rights guaranteed by the Constitution of India.
- Approaching a lawyer: It is very imperative to approach a lawyer with your suspicions. A consult with a legal professional can help in understanding the dynamics of the laws surrounding adultery.
- Filing a suit: You can approach to seek relief based on laws and the act your spouse has committed.
How can I gain the custody of my child after my spouse has committed adultery or cheated on me?
Following are the steps to follow to take legal action against the spouse if he or she commits the act of adultery:
- The wife, if sure of the extra marital affair of husband leading to adultery, has to accumulate proof against her spouse. It is very difficult to obtain direct evidence hence circumstantial verification is a solid ground to fight the case for. General evidence of the illegal relationship of husband will not be enough to support the matter, hence the following will be considered as strong case evidence;
- Circumstantial proof, where the husband has spent time alone in closed spaces with someone else.
- Evidence of birth of his children with someone else.
- Any venereal disease contracted by the spouse from someone else.
- Any proof of him visiting the house of the other woman
- Recordings of admission and confession by the husband
- Clear association with the other party
- If you are unable to collect the proof by yourself, then you may approach a private investigator and present the evidences collected by them in court.
- After collection of evidence, the issue of admissibility must be discussed with the lawyer about the collected evidences and understand the dynamics of adultery related laws for child custody.
- Fourthly, the spouse can file for divorce and custody of the child before the appropriate court.
- If both the husband and wife after reviewing the above factors decide to opt for divorce through mutual consent, then:
- Both the parties need to file for divorce before the district court.
- As per the divorce law, the couple should live separately for a period of one year or more before filing of the mutual divorce petition, after which both the parties appear in court with filed written statement on their behalf for the judge to review.
- In the written statement, the couple gives reasons as to why they are unable to live together and wish to separate. It is also imperative to mention in the petition that they have mutually agreed to dissolve the marriage.
- Finally, the court inspects the documents presented and after a period of minimum 6 months and maximum 18 months, gives a date for listening to the parties. And after hearing the parties, if the court is satisfied then it may pass a decree of divorce declaring the marriage to be dissolved.
- If the parties try to seek divorce through contest on the grounds of adultery, then:
- The spouse needs to file the divorce petition before the family court.
- The court, then sends a copy of the petition to the spouse.
- Then both the parties should be prepared to face the court proceedings as the divorce is contested by either the husband or the wife.
- Finally, if the divorce is granted then the court will further give a six-month span for reconsidering the issue and the maintenance which ought to be provided will also be decided.
- Maintenance which is to be provided after the divorce: If the wife commits the act of adultery, then she will not be entitled to receive maintenance from her husband or if she refuses to live with the husband without any sufficient reason or cause. However, if the husband commits the act of adultery then he will be liable to provide maintenance to the wife if she is unable to fend for herself.
How can the Law Office of G.S. Bagga & Associates help you in getting custody of your child?
Greetings! We at the law office of G.S. Bagga have been handling family and custodial matters for 7 years now. Custodial matters of a child can be tricky and differ from case to case, but we can assure you that our goal has always been centered towards client satisfaction. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to help you in this custodial journey of you and your child. Feel free to contact us, anytime.
