My share in husband's proplerty

Originally posted by : dimpal
	Dear Sir, I am married for 10 years and have two kids. Recently I came to know that my husband is having an affair wih a marrid woman who has two kids. I also suspect that her younger daughter is my husband's child.He has land, a house ,flats,shares on his name. i want to know how much share of his propery I can get if I file for diavorce? And also what type of settlement I can demand for future of my two kids.I am not woking since past two years but I am one of the directors in my husbands company, he is showing my income in his company to divert income tax. Can I demand any fixed amount per month and house/flat and part of land? Please help ,I need hepl very urgently!!

Do you have any proof of your husband's adultery?

If yes, then you can file for divorce or else forget it.

I had seen their love messages on my husband's phone. But he deleted those messages.

After this I collected call records of their mobiles through a local detective.

In those records it is very clear that they are speaking over phone,sending sms   day and night.

I know these call records can not be used for legal purpose.Can we apply to find the phone records legally?

Originally posted by : dimpal
	I had seen their love messages on my husband's phone. But he deleted those messages. After this I collected call records of their mobiles through a local detective. In those records it is very clear that they are speaking over phone,sending sms   day and night. I know these call records can not be used for legal purpose.Can we apply to find the phone records legally?

You can get call records via RTI.

Secondly, talk to your husband, find out a alternate way to go forward, remember its a 10 year old relationship and you have two kids.  Ask him to mend his ways.

Thirdly, even if you get divorce via proving adultery, there will be a long tedious battle for kids via Gaurdian and Ward case, in all of this kids will suffer mentally.

Fourthly, if you  are so much convinced that you want divorce come what may, then convince your husband to agree for MCD [mutual consent divorce], plan it properly so much so that after getting divorce, who will the kids be with, visitation rights and not to forget monetary compesation which seems to be your foremost outlook.

Remember:  Money/property etc or what not.  If you want to fight for what you want, then dont cry for what you've lost.

I have seven years old son and nine years old daughter. Can my husband also fight for kids custody?

Since kids are below 18 yrs I should get their custody(I don't know exactly. please correct me if I am wrong)

My husband gave me assurance that he will stop his affair whwn he was caughe for the first time.

But he took other simcard and continued his contacts with her. i caught him second time also.

Again he started the same story that "he will not do it again and blah..blahh".

Hence I am very confused now.

How can i apply for call records via RTI.Can I get sms text also?

All explained above, further legal queries, can call me up.

how do I call you?

Check your inbox for PM [private message].

Regards,

Dear Dimple

there is no procedure or law in Indian Legal System yet, that a wife has any right in her husband property or his income. due to adultery (if you prove it) you can get divorce or Compentation in Domestic Violence. nothing else you can claim from him.

Dear Dimple, you can not get someone else call record through RTI as it a personal matter.

You have to through Court to get the same when you have any case runniing in the court and if you can convince the judge that CDR is importnant as evidence.

@author

if you are SURE that the other child is your husband's, it is easy to prove you need to get a court order for a DNA test.

IF NOT, then proving adultery would be difficult.  call records - will just prove they talked. flirt messages - will just prove they were flirting. you need proof of adultery (physical relationship) - this is possible only if you catch them red-handed  or they admit to it in any of their conversations (email/text/audio/video).

If your husband loves your children then he will fight for custody but whether they are with you or with him , he will most likely take care of them financially.

You have to prove cruelty due to his relationship with the other woman and then claim maintenance. owing to your long standing marriage and other factors, you may be awarded a good amount, only an expert can comment on that.

To be with him or Not, is a personal decision.

@author

call records sms etc. --> if you are currently living with your husband and have access to his phone, just save all his SMS in a file and take a backup. also his detailed phone bills, you can take a copy. all this should be accepted as you are living with your husband.

and you dont need a long history of their records - just enough to prove adultery.