I have filed a Divorce case on my wife due to attempted adultery in Aug 2017.
She was involved in chatting with 2 of her school male classmates over WhatsApp and FB Messenger. Later these chatting turned from friendly to vulgarity.
Later she even invited her one of her friend to our home with an intension of having physical relationship which I have seen for myself, though not in any wrong or unacceptable manner.
I have all the chatting messages of her wahtsapp and FB Messenger screenshots. We were married for 9 years and this issue started after having 2 kids.
I have filed for divorce and in return she filed for DVC on me. She is neither giving divorce nor allowing me to lead peaceful life. I am willing to take the full custody of my kids as she cannot take care of them.
Please advise for future course of action
Divorce case filed on the ground of cruelty can sustain in these circumstances but not on the ground of adultery, for that s*xual physical relationship need to be proved. Mere chatting on WhatsApp or email etc.not sufficient.
Yes her DV complaint if gets dismissed you get strong ground for cruelty by her filling false complaint for domestic violence against you that never happened in this case.
The demand for maintenance for herself can succeed if she is unemployed and has no means to maintain herself otherwise she fails on that ground too.
You should insist for the children custody with you on the ground of best welfare of both children with you and her indulging in extra marital relationship that had bad affect on both children.
There is nothing which is called 'attempted adultery'. File a divorce case on the ground of adultery as well as cruelty and on the basis of whatsapp and other evidence you prove her adultery. She would consent for divorce because of infamy attached to adultery ground. Make those two friends also as respondents. Also plead divorce on the ground of cruelty. For chidren custody file custody case. Contest her domestic violence case on merits.