Rakesh Kumar (Prop) 14 July 2013

Saving my child

Dear Learned Counsels,

I am a Hindu male from Maharastra married since about 10 Yrs having 3 sons aged 9, 6 & 3 yrs.

Point 1 -: My wife re-started her pre-marraige affair about 2 yrs back. One day she was suddenly untraceble in Jan 2012, so I had to lodge missing after 2 days.She was caught outstation with the paramour at a well known Beach resort while checking out. Police took statement of both in which they accepted having extra-marital affair. The Resort manager gave statement to police that they posed as Husband & wife & paid extra Rs 1600 for floral decoration of the room for honeymoon. I have hotel bills of room they stayed for 3 nights & voucher of floral decoration, also their flight tickets. Other than this episode I have many one-sided audio recordings of her voice while she was talking to paramour which confirms she was having affair, nothing more. I have her Mobile Call lists in which daily she is talking for hours with paramour leaving my children.

IMPORTANT Point 2: Six months after marriage, she started opening up as very Hot Tempered & careless person interested only in jewellery & other personal stuff. She used to throw & break things if all her demands were not met. We thought responsibility will slowly make her understand, but same things she also started with all the children. Day by day her violence & negligence with children was increasing. Once when my mother got half hour late to bring fruits for her while she was pregnant 2nd time, she threw away a bulky table in anger & her pregnancy was preponed due to same, She even never re-started cooking after her third pregnancy. All the children requirements like getting ready for school, medical, making them eat or sleep, sunday outings & all other activities are regularly happily done either by my 60 yr old diabetic mother ( PM 400+ ) or me along with possible help from daytime maids. Wife is out either with paramour or on Job. Wife also often quarells with maids so that they run away. The two elder sons voluntarily say that they want a new good mother & the 3yr old does not want to go near his own mother, But nowdays as the evidence is starting, she is trying to influence the kids with her sweet noncaring words. I can write pages about her & children incidents which can moist even the toughest of Hearts, but below listed are only whose proof are on record.

(A) Her above Jan 2012 Unchaste missing when all 3 children were with us (B) May 2012 missing report by me when youngest son was having fever (doctor prescripttion on record) (C) Oct 2012 FIR by myself when me & mother were not at home & she broke open my mother's room door & tried hard to break open her Cupboard in the process hurting herself. We immediately reached as my eldest son called & informed us. All broken glass pieces & her blood drops were on floor (photos on record) when Police came, She denied but when children told police, she accepted verbally but later denied in her statement. Police booked section 107 on her after statement of maid & another person in which they confirmed all above & that children were in shock & ran away from their own mother in fear. (D) June 2013 missing report by me, when all 3 children were with me especially on the first day of school reopening for the new session and their mother was missing. (School opening docs on record) (E) We are living in same house, during interim maintenance she & myself did affidavit & claimed looking after children, for all types of Children expenses, Court asked both to show vouchers on next date. I produced 38 vouchers of last 18 months whereas she was not able to produce any. Court passed order to give maintenance only to wife & remarked that petitioner(me) is looking after the children properly. (F) I Can also call doctor, teacher, maid etc persons to court for proving her cruel & negligent behavior towards all three children .

Que 01 -- Now with all above Point 1 circumstantial evidences, can ADULTERY be 100% proved beyond any doubt in my Divorce case

MOST IMPORTANT Que 02 -- With all above reports & documents on record can I get CUSTODY of all my children including my 3 year old child in my divorce case & save him (She is ready to give elder two). If she gets away with the third child she will definitely use him & totally spoil his future with all possible negativity, She has confirm plans to lifelong be mistress of already married paramour, who also stays in our small town. Also will not leave the elder two to live and grow peacefully and healthily with me.

Please give your solid judicious advice & even my children will be highly obliged.

Thanking you in Anticipation.

RAKESH

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7 Replies

Have a Heart Foundation (Sales & Mktng) 14 July 2013

You need to file police complaint and case of adultry on your wife and her paramour.

You got a strong case with all that evidence, you need to file for Child Custody under Guardians and Wards Act and submit all the relevant proofs during the cross examinations.. you are likely to retain custody of your children including that of the 3 years old provided you prove that she is unfit mother and has deserted children.

you can also file for divorce on the grounds of desertion and curelty. Incase if your wife is earning or desertion /cruelty is proved she may not be entitled to maintenance or alimony.

Hire a smart lawyer who will fight your case well. Incase if the lower court does not grant you custody.. go to high court and supreme court.. you have a strong case to get custody of all the 3 children if the evidence are proved against your wife.

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Dr. Jyothi Vishwanath (Associate Professor of Law) 14 July 2013

I agree with Mr.Suresh

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(Guest)

Dear suffering husband,

What you want exactly in your life? Since you have 10 yrs of marriage and now you have come to know your corrupt wife?

She is sleeping with other man under your nose as you come to know each others relation 2 years back then what you were doing then?

ENOUGH IS ENOUGH THESE KIND OF LADIES NEED A BRUTAL PUNISHMENT----------------------

As per your case do the following:

1. Leave your wife/make her free as soon as possible,then trace her activities and try to catch red handed when she is with her paramour,make multiple cds.

2. for cruelity you have much eveidences,nothing to worry.

3. YOU WILL GET DIVORCE 100% as she can't resist all the three grounds of divorce 1.CRUELITY 2.ADULTERY 3. DESERTION

FOR CHILDREN ONCE YOU WIN DIVORCE IT WILL BE EASIER FOR YOU TO TAKE CUSTODY OF YOUR CHILDREN BY SHOWING ALL HER ILLEGAL AND CRUELITIES IN THE CUSTODY JUDGEMENT.

Adv. Chandrasekhar (Advocate) 14 July 2013

By your post it appears that you have the custody of the youngest one with you. If it is so, then you are not required to approach the court of law at this stage and the party who does want to seek the custody has to go to court and you are well aware in India the court will take a whale of time to decide the matter and by that time the youngest one will be in a position to express his/her opoinion to the court to whom he/she would like to stay. In addition to this, you want to make it double sure to keep the child in your custody, you can file a criminal case against your wife's paramour on the following section: Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either descriptttion for a term which may extend to two years, or with fine, or with both. Once, the court takes cognizance of the case, your will be in a position to strike a settlement to settle the matter and take the permanent custody of the child in lieu of your withdrawing the case.

Rakesh Kumar (Prop) 14 July 2013

Dear Suresh Sir / Jyothi Vishwanath mam,

Many Thanks for your advice from which I understand that I have a strong case of Adultery as well as custody for all my three children. Evidence is just starting in my Divorce case filed on ground of cruelty. However I intend to add Adultery as a ground, Kindly tell if it will be proper now to add same and what more will I gain if Adultery is also proved in addition to cruelty in Divorce case. Also now as we are living in same house, who will practically walk away with children when we are done with divorce case. Can custody be given anyways in divorce case also as per my evidences or seperate custody GWA case is compulsarily required. Alternatively can I file anyhow GWA case before closing of divorce case. Please tell what more type of proofs i will require to prove her a unfit mother.

Thanks again

Rakesh

Dr. Jyothi Vishwanath (Associate Professor of Law) 14 July 2013

Adultery is sufficient to prove that she is unfit as a mother.

But if you talk to her clearly regarding this, she may agree for mutual divorce and give custody of kids to you. If problem can be solved this way, why you want to bring your private matters to court and make them public.

GWA case has to be filed separately.

Have a Heart Foundation (Sales & Mktng) 15 July 2013

your wife being in adultry, you can also file for eviction of your wife from your house if the house is in your name and provide her with alternate accomodation on rent till the final disposal of your case. Further course of action can be decided after the appropriate orders are passed by respective court.

You can file police complain and case of adultry against her paramour (take him to the task) and then you can settle with him after taking his statements on affidavit.

Cross examination of your wife and witness like servants, resort manager, her paramour, maids etc. will be very vital in your case and you need to conduct it with great depth and alertness. Prepare your questions.. ask her answers and explanations and then show her the documentary evidence that you have and exhibit them in the list of documents and submit them in court after crossing her.