Child custody


My wife has been involved in an extra-marital affair with one of her ex-colleague since last 5 years. She has left her matrimonial house along with my son (at present 3.5 years old) almost 2 years back. Since then my wife has been living-in a rented apartment (rented agreement signed in the name of my wife) with her paramour along with my son and her mother.

I filed a suit for interim custody and permanent custody both more than 1.5 years back. Initially my wife took 5 months to submit her objection to my custody claim (her lawyer on successive 3 occasions asked for extension of date for submission of objection and my lawyer hardly objected resulting in learned judge granting a new date). Upon submission of objection from my wife, learned judge issued an order on temporary visitation which was followed by submission of different kinds of evidences by my lawyer on next few dates. Then the learned judge got transferred to another court. Since then no judge has been appointed in the court in question resulting in no further headway.

Can I request experts to suggest me regarding my queries?

  1. How can I resume and expedite the legal procedure?
  2. Is there any plausibility of permanent custody in my favour? If it exists, what should I do to ensure the same?
  3. At times it appears my lawyer is not sincere enough regarding my case as he did not fulminate while my wife’s lawyer was asking for extension of date for submission of objection plus my lawyer did not initiate any action to resume or accelerate the legal proceeding since transfer of learned judge. Is my concern a valid one? If so, how can I be sure about his intent?
 
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Practicing Advocate

You will have to wait till a judge is appointed in the court where your case is pending. If it is taking too long then, you can file for transfer of the case to another court where there is a judge.

 

 Your son is below the age of 5 so, yours is a difficault case for custody however, considering the character of your wife, you have a good case on merit so fight it out very carefully and properly. 

 

Nobody can guess the intention of your lawyer, you have to judge it yourself. If your lawyer is honest and intelligent then, continue with him otherwise you can change your lawyer.

 
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consultant

Agree with Archana
 
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consultant

Agree with Archana
 
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@ Archana and Jai Karan, many thanks for your suggestion.

  1. Can you please share judgements favoring father for final custody of child while mother is engaged in an extra-marital relationship?
  2. Can I delay the proceeding until my son becomes 5 years old? If I can, how should I slow down the pace?
 
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@ Archana and Jai Karan,few more queries -

  1. What are the conditions of granting permanent custody to father?
  2. Considering my case (as detailed above) which of those conditions will be best suited to me?
  3. What is evidence will be considered foolproof to prove adultery of my wife?
  4. What evidence will be treated as foolproof to prove the fact my wife has been living-in a rented apartment with her paramour (I know rented agreement has been signed in the name of my wife as tenant)?
 
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  1. What are the conditions of granting permanent custody to father?  just be a caring / concerned father, be good, maintain good character and build up a good status in the society. AND TAKE CARE OF YOUR CHILD, whenever you go and meet him. Be regular on your visits to meet the child.......... and also gift him toys/ clothes etc.....keep all bills with you.. small things matter !! 
  2. Considering my case (as detailed above) which of those conditions will be best suited to me?  If you really wanted your child, you should'nt have let him go... OR had gone to her rented house, fought over and brought your child back.... she in any case, would'nt have killed you....  Once the child was with you then she would have filed the custody case...and she would have been running pillar to post.....Anyways.... now, keep a track of the well being of the child....make the neighbors your friends....and take regular details from them. Give money to the maid who visits her house, she would give all internal info to you.... give her a hidden camera to click pictures which will act as proof for your for your wife's adultery. REMEMBER - no one helps.... its you and your ideas which will make you fight your case. Advocates can help you only in the court on whatever arms and ammunition you give them... so, collect the ammunition on your own....so, that it becomes easy for your advocate. If you in delhi, let me know...will suggest a very good family lawyer...  

 

 

  1. What is evidence will be considered foolproof to prove adultery of my wife?   Pictures / videos of them cuddling, kissing etc or even living in the same room.. You may even hire a flat just opposite to their flat/house and install a 24 hours hidden cctv which covers their house or even the rooms through windows...and also their main entrance door. Just capture footage where the man comes and goes which will be enough to prove that he stays in that house. IF he comes at night and goes in the morning. And his washed clothes bring dried in balconies etc etc... and then....collect evidence by way of neighbors....and the maid. they all will make your case very strong....and hence you may prove the adultery... 

 

  1. What evidence will be treated as foolproof to prove the fact my wife has been living-in a rented apartment with her paramour (I know rented agreement has been signed in the name of my wife as tenant)?  already answered above....

 

i am not an advocate so....cannot be lawfully very correct but have learnt to use basic tactics to make cases stronger !!!   

 
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