Apni Law Staff asked 2 years ago
I’ve been married for seven years and have a six-year-old son. We had a love marriage, but recently I discovered my wife is close to a male friend. She claims they are just friends, but I found messages suggesting otherwise. I even saw them engaging in inappropriate conversations. She admitted to it being a mistake, but I’m heartbroken.
She doesn’t contribute to household chores or care for our son or me. She also struggles with a mental health condition and is on medication. Our intimacy has suffered, and it’s been months since we last connected.
My questions are:
1. Can I get a divorce based on infidelity?
2. Do I need to pay alimony and maintenance, considering she works?
3. Who will be responsible for our son’s care and well-being?
Best Answer
Apni Law Staff answered 2 years ago
In India, adultery is not a ground for divorce, but you can seek divorce based on cruelty, which can be argued due to the emotional distress caused by infidelity. Alimony and maintenance depend on several factors, including her income and your financial capacity. The custody and well-being of your son will be decided by the court based on his best interests.
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