Divorce require with my wife and take custody of my child

If possible please post it in English...

Sir

I was married on Dec'2011. I am doing job in private co. As per my strength I fulfilled my wife’s all requirement. After two months of my marriage my wife’s behavior was changed. After few months she was pregnant and stayed in her mother’s home. At that time when I used to call my wife her cell phone was always found busy. When I was asking she says that she was talking with her relative. One night approx 11 pm to 1 am her mobile was found busy. When I pressurized her, she told that she has a boy friend and she talks with him. But she did not say boy friend’s name. She committed me that in future she’ll never talk with him .At that time I had not told about the matter to anybody.

In September’12 we have got a baby boy. But her behavior did not change. She always used to misbehave with me and with my family members. She told that if my sister comes to my home she did not stay with my family. She always says stay separate with my family. She always quarrel with me and goes to her mother house.                                                                    

I was says her guardian, they says don’t worry we have convince to her, she didn’t happen on future.

But her mobile was found always busy. When I was ask her she says talk with relative but cell no always deleted from her mobile. One day I was goes to out of station for official work and I was come on night. I was calling her and found busy. After reach home asking her, she did not agree to talk anybody.

Then I give her an Android mobile and call recording activate. Through call recording I have record all conversation. She talks with her boy friend of her maternal house. Her boy friend student of engineering after completed his course they will marry. In their conversation my wife says to him, she did not like me, she marry with me for money. They did meet alone. I was call to her family and say your daughter in engaged with another person and sent her to maternal house.

After some days her family say please pardon her in future she never has done such type of incident. My families also convince me. Then I did also agree to leave together. We are goes to their and written in stam paper of my wife and she accepted they have affair and illegal relationship. She committed us never take mobile ph, never misbehave with us.

After 10 days she does again same things. She calls my maternal sister and provides a mobile no for recharge and calls another no of my cell. I was asked him whose mobile you have recharge. She says her friend mobile. But in same time we got found a mobile from her bag and that mobile no she had done recharged.

This matter nothing to say her family and convey to her mother’s house. After some days I was says to her guardian for do mutual divorce. But they are not agreeing for same. My father inlaw said to me if you not stay with my daughter take action against you. Filed attmed to murder and 498 against you.  

As per suggest of my lawyer I have done petition of 39 and a application of Mahila Thana. Mahila Thana sent notice to my wife and her friend. They were come to mahila thana and my wife and her family put some wrong allegation of me. My wife said in Mahila Thana she is agree to stay with me. Mahila Thana did not clear matter and done bond of my wife and her boy friend they have affair but today itself they have broken the relationship. I was say in mahila thana company will be transfer to me other place so I have settled their then after six months I will stay with her.

Please suggest me can filed divorce, if I filled divorce pay maintance of my wife. Can I do 497 case against her?

Regards

Proving adultery is difficult and takes many years in Courts.

Better settle for MCD. 

https://www.lawyersclubindia.com/forum/Illegal-relationship-123726.asp#.VafX9PlViko

From Helping Hand .....

https://www.lawyersclubindia.com/forum/How-to-proceed-for-seeking-divorce--123934.asp#.VafYoflViko

Another reply from Helping Hand...

It appears that your allegations are of adultery,  But mind you, you cannot simply allege adultery,  you should have solid proof, lots of evidences, photographic as well as witnessess and then only you can think of filing case in court for divorce based on adultery.  Simply making adultery allegations and not being able to prove will prove costly and husband will end up behind bars.

In this case it appears that wife just left and is making merry elsewhere and is in the process of collecting evidence of husband working proof.  So dont part with such letter head etc.

My advice is if such is the casea, no use going to court, even though there are supposed evidences like recording etc going to court is waste of 10 years, as it is very difficult to prove given indian circumstances and indian law being lenient toward women that adultery is proved and divorce will be granted.  Either go for MCD or Better ask wife to re-consider to mend her ways and lead happy marital life, whatever happy means to her or ask husband to gather  courage to take gun and finish matter then and there, as i see no piont with women who want to have it their way and take marriage lightly.  All advises provided to be followed at own risk.  All the best.