Hello Everyoe,
Ive been married almost 10 years and was living overseas. My wife started a relationship with her school time sweet heart from india through social networks two years back.
Last year she took the children and settled in india near her parents house with the primary motive of continuing her affair. Now the guy she is having affair with is from india and continues to visit her even when my children are present. She has gone through the whole act of trying to make my children friends with him and try to accept him. This relationship wont last as the guy is also married with a kid. His wife knows about this affair but refuses to file for separation in need of financial support for her child. I tried to patch up with my wife, but she is stubborn and that didnt go well.
I want to separate from her and get custody of my children. I have a 7 yr old daughter and 4 year old son. Speaking to a lawyer , he suggested filing for a mutual consent rather than filing a case of adultery as I need to gather strong evidence (at present I only emails and sms , but I have met the guy in person). Her relatives have also met the guy and know about this affair, but can they help me as witnesses in court?
We are close to filing for a mutual settlement, but my wife demands a lump sum amount of 20 lakhs and an ongoing maintenance of fifteen thousand rupees per month. This is inspite of her agreeing to let me take custody of the kids.
Should I go for this mutual settlement or should I fight in court ? What should be careful about in future in case I opt for this mutual settlement?
Please advice
