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AIn India, unless there is a good reason not to – custody of kids below 10 are given to the mother. Even more so if they are girls. Also, they would usually not separate siblings from each other. However, there is no law stating any of this. This is just how it seems to be usually – speaking anecdotally about the actual practice. It’s usually case by case – and final decision if the custody is contested is at the judge’s discretion.
Usually a mother would lose custody if she was either deemed negligent or harmful for the kids. That’s usually if there is history of alcoholism, drug abuse, self harm or other serious mental/personality disorders.
AClearly get the divorce. If she already thinks that’s an option – that’s where it’s headed. No matter how unfair her divorce demands might possibly be – negotiate the best you can to get out of this huge trap. Going to police and courts can drain out a person’s entire life energies – regardless of if you are right or wrong. Cases drag on for decades when the terms are not mutual consent. Just the lawyers and corrupt judiciary get rich over it.It’s frustrating – but that’s the truth of current marital laws and highly ineffective, corrupt judiciary. Law enforcement, lawyers, judges etc – all of them will extract their pound of flesh wherever they can. Most law keepers and enforcers have a criminal mindset and abuse exactly the same laws they are meant to apply for the well being of citizens.
ADivorce terms from a legal perspective are focused on ensuring continued financial and social stability – not on personal or personal rights or wrongs. Adultery isn’t considered a crime, but a breach of a civil contract (similar to a business partnership). Ideally it should be penalised at least to the extent of financial/social fraud. But at this time, adultery is only considered grounds for contested divorce usually only when combined with cruelty. Financial rights granted by marriage and in case of divorce do not get affected.The law considers the right to living without risk of destitution a greater human right than protecting a married couple’s right to sexual fidelity. It’s considered morally wrong by society, but the law does not consider it an offence great enough to drive anyone to financial destitution.
