Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Querist) 05 April 2018 This query is : Resolved 
I am facing a problem and i humbly seek your preferred opinion.
I am married since 2000 Dec.Having a child of 13 years age.
I am currently living seprately with my child from the last 45 days.
My wife is at her dad place since August 2017/
I Have found out that she is having affir with two men(she has agreed it herself,while speaking to her friend,a recording which i have with me)
I want to legally seprate from her,i also want my child custody.
I was refered to a Advocate,who claims that,Audio recordings wont be accepted in court and i should rather opt for mutual divorce.
I dont want to part any allowance to such a nasty person.
I was also told,if we are first cousins,(which we are)As per the hundu marriage act,our marriage is invalid.
I am at a stage,where i am being harrased by her father,abused by my wife...and worried about the safety of my child.
It would be very kind of you,if you could spare a few minutes and guide me how to take further action.
Siddharth Jain (Expert) 06 April 2018
I would advice you to starting collecting evidence so that you can file a petition for divorce on grounds of adultery. You would also not be liable to pay her any maintenance as well as help you with your child's custody as a child's custody cannot be given to a person of questionable character and as the age of the child is more than 5 (13 in your case), that would help you to get custody of your child.
You should start collecting evidence such as testimonies or her collegues, boyfriend etc. , travel records, if she travelled with any of them, long message chats at odd hours etc. You would need to do some investigation, either yourself or through a detective.
For any other queries feel free to contact me at
Ms.Usha Kapoor (Expert) 06 April 2018
yES! YOU NEED TO START collecting evidence of yur wife's sexcapades. Produce those tapes you've into c0urt and with court's permission you produce them in Fo0rensic science lab, which will prove the the genuineness of the tapes. Then those tapes you can mark as exhibits and adduce as evidence in court.You apply for child custody as in such unhealthy atmosphere the child 's personality gets affected under Hindu Minority and Guardians Act r/w Guardians and Wards Act as the child's welfare is the paramount consideration for court. You are most likely to get custody of your child.You can apply for divorce on the ground of your wife's adultery and also get the marriage set aside as it is a voidable marriage as you both are first cousins.Or get the marrige annulled. If you prove your wife's adultery you need not pay a single penny either towards her maintenance or Alimony due to her unchastity.
Marki (Querist) 06 April 2018
Thank you Mr SIddharth and Mrs Usha for your guidance.
My only concern is,my advocate says,audio cant be presented in court and i may end loosing the case if i contest.
The Advocate is pushing for a mutual Divorce,where by i may have to agree to paying a maintaince to her(which i dont intend to)
I am a bit worried,as i dont have any support from any quater.While my in laws are very powerful and politically connected people.
I would appreciate your responce.
Siddharth Jain (Expert) 06 April 2018
Going for divorce hy mutual consent shouldn't be done here as you would have to pay alimony as well as you won't get your child's custody.
Videos are considered secondary form of evidence, that's why I asked you collect other evidences as well to support your other evidence.
P. Venu (Expert) 06 April 2018
Electronic records are subject to strict proof. Please examine whether the marriage is legally void; it could be of advantage.
Dr J C Vashista (Expert) 06 April 2018
Discuss your case with your lawyer for annulment of your marriage.
Kumar Doab (Expert) 06 April 2018
Is your marriage registered?
You may gather irrefutable evidences of adultery.
If you are satisfied that your lawyer is unwilling to contest on evidences made available then satisfy yourself if your lawyer is hand in glove with OP for some cut in one time settlement out of MCD…
In that case change and make this lawyer popular…for good reasons.
Kumar Doab (Expert) 06 April 2018
Approach in person a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track records … and worth his/her salt….for a considered opinion.
Online discussions are not a substitute for in person discussions…with a very able counsel as suggested above.

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