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Case on Wife for Adultery & Capture of House

(Querist) 25 January 2011 This query is : Resolved 
Respected Sir/Ma'm,
My wife had filed a 498A on me and my father last year and luckily the case got quashed and we can breathe fresh air. However, it has come to my knowledge that my wife is having extra martial affairs. She is residing in the house that belongs to me and her both presently. She stays there with her mother and my 5yr old daughter. Both her and my mother in law do not allow me inside the house hence i am staying at my fathers residence. I wish to have access to my house as she is using it for ill practices with other men. How can i get back to my house and claim my daughter? She keeps on calling the cops and saying that i am harassing her. Can i take a legal step against her for the property/adultery and my child.

Please advise.

Thanks

Ankur
Guest (Expert) 25 January 2011
YOU MAY FILE A CIVIL COURT MATTER FOR CLAIMING THE SAID PROPERTY WHICH IS IN JOINT NAME.GOODLUCK.
sachin sethi (Expert) 25 January 2011
File a Civil suit against your wife....you may initiate criminal as well as proceedings under section 13 of Hindu Marriage Act,,,but my friend adultery is an offense which is very hard to prove.....Unless and until you have cogent proof in this regard in the form of photographs or video recordings,,Court will not listen to you and you will fail in that case..........
Arvind Singh Chauhan (Expert) 25 January 2011
Experts have cleared the picture.
Ankur Salim Siddiqui (Querist) 25 January 2011
Dear Mr. Nandkumar

Thanks for your reply and advice.

Dear Mr. Sethi

Thanks for your advice. I am married under the special marriage act. So what do i do? At what age do i get the full custody of my daughter?
Atuliya (Expert) 27 January 2011
What is your status, are you still married? or divorced? or separated ?


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