Upgrad LLM

please help with this issues how to proceed legally


My wife has an illegal relationship with a person (who is a husband of another wife and father of 2 kids). She is staying away from my home for 1-2 weeks every month, ignoring our child (4 years) and also saying that she already married that person, and no one can do anything to her nor him, and using profane words to everyone who is trying to correct her (including her parents).

Also the guy who is illegally with her, is speaking profane words and threatening everyone that he will put a case as domestic violence against me and her parents. 

Although I dont have an evidence to prove her illegal relationship, I do have evidence that she is with that person, as she accepted many times in the phone calls (recordings available). 

I understand that as per section 497, my wife cannot be prosecuted but can that guy be? What all other sections can I use against them? Please help me this is my life saviour

 
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Just one more important thing is that my wife is saying that she can get the child stay with her legally and make that guy as the child's father. She also says even if she is legally prosecuted and jailed, she will bail out and continue with that guy.

 

I dont want to give my son to her, please help

 
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legal advisor

Take the help of a detective service to gather proofs of her illegal relationship.this would help you later to prove her malafide intentions of she files false cases over you.in addition to that it may also help you to retain the child custody, deny maintenance in case if you file divorce over her on grounds of adultery by proving the allegations you put over her.even if she gets divorce you would still be the biological father of your child
 
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legal advisor

Take the help of a detective service to gather proofs of her illegal relationship.this would help you later to prove her malafide intentions of she files false cases over you.in addition to that it may also help you to retain the child custody, deny maintenance in case if you file divorce over her on grounds of adultery by proving the allegations you put over her.even if she gets divorce you would still be the biological father of your child
 
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Advocate

In India only a man can be punished for adultery not woman. You can prosecute your wife's paramour but not your wife. So you can file complaint (U/s.497 of IPC) against her adulterer. How ever  gather foolproof evidences before filing complaint because your story suggests they have habit of retaliating when they are told they are wrong. That makes it easy for you to gather evidences.

 

Secondly about your child, after child attains age of five years mother no more remains custodian of child unless in special circumstances wherein court decides to keep child in custody of mother. Those special circumstances are father's inability to nurture child, take care of education, any proof of violence against child which endangers its safety etc. As you don't seem to have this record you can get custody of child easily.

 

However, child's welfare is of paramount concern, and what child says before court as to her/his preference  (whether it wants to stay with mother or father), also carries weight in deciding about custody of child. In your case as mother does not have proper matrimonial life, chances are that you will get custody of child without much difficulty.

 

 

 
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Lawyer

Well analysed and advised by expert Mr. AC Shekahar, I endorse his views.

 
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You should immediately contact a competent lawyer dealing with such issues.

 
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