kumar 17 April 2015

Want to file cheating case on wife for my childs custody

Hello Every one, Need expertise help and suggestion to fight with my cheated wife with the help of law. I am from Hyderabad and have been married in 2008.My wife has given birth to a girl in 2012. After our child’s birth my wife started seeing someone from her office and started roaming and flirting with her, which I came to knew through few of their colleagues. To conclude on this I have started tracking on her movements by gathering the call data, call list, msg list and even inducted spy software into her mobile, where I can listen to voice calls and see the msg content. Yes my work outs have yielded proper results and confirmed my suspicions. And worse of my investigation is when I have interrupted another calls I have to doubt on my child’s paternity based on the conversations. But not want to suspect on my wife and the X I have ignored and kept that within me and tried to be normal with my wife and child. And when I have encountered few other instances my suspicion again grew up and forced me to go for a DNA test, test results have confirmed that I am not the biological father of my child. After repeated enquiry and some serious discussions my wife agreed that I am not the father of the child. Also in between these instances because of some quarrel my wife has tried to file a false 498A case on me and on my family members with the help of X (Who is the biological father of the child). I have spent one and half day in police station for this, but after the police counseling I was sent home back. I do not spoke about her affairs in police station as I do not have concrete evidences during that time and dealing the situation alone without involving my family into this. I still love the child as she is innocent and want to take her into my custody and want to divorce my wife. I am doing a good decent job with a salary of Rs.45000/- per month and having lands at my native place. My family is well settled and I do not have any dependents from my family. My wife works with a salary of Rs.17000/- per month and my in laws do not have any income and dependents on wife’s brothers and sisters. All my wife’s siblings are unmarried and working. Now my questions are: 1. What kind of justice I can seek from law? 2. What are the applicable sections in this case as I have found my guilty in having affairs with 02 males other than me? 3. How should I prove this to the court? 4. I have my name registered in birth certificate of my child, Will this support me? 5. Will the court allow me to take the child’s custody? Kindly help me with your valuable suggestions and guide me to win my daughters custody as I still love her

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6 Replies

saravanan s (legal advisor) 17 April 2015

convince her for mcd since that is the quickest way to get a divorce.you can work out a mou with your wife regarding permanent alimony, child custody, sreedhan recovery etc etc.if she is not agreeing file contested divorce on the grounds of adultery.her confession regarding the adultery committed by her would help you a lot along with the other proofs you have gathered in deciding the case.if proved she wont be entitled for maintenance

vivekjoshi 17 April 2015

You claim that you are not the father of your child and you have DNA test report which substantiate your claim. IF this is 100% true, you will be eligible for divorce on grounds of cruelty. Since she is not your biological daughter, you will not be able to get the custody.

First be 100% sure of your claims and then proceed with the matter.

If you are of the opinion that your wife may file 498A, then please take an Anticipatory Bail.

Seek the advice of an expert Lawyer at the place where you live. Free Advises on Internet sometimes become an expensive affair as the experts here do not have all the details with them. So it is always better to approach the Lawyer for filing a case.

SAINATH DEVALLA (LEGAL CONSULTANT) 17 April 2015

Though the DNA revealed that U R not the biological father of the child ,still UR concern for the child is appreciable. But if the evidences U have mentioned are true ,law will be on UR side for a positive result.

kumar 19 April 2015

Sir some one help me with your valuable advise in my above case : I have questioned about my child's paternity , my wife admitted that I am not the father of the baby , I have took the same concern to my in laws. Now my wife left home with kid n some of her belongings and not telling my kids whereabouts and not responding to me . Even my wife parents and brothers are not responding to my calls. I want to see my child and attain my kids custody. The only reason I want to have my child back is because I believe that there is no mistake of my child and I love her to core of my heart. Please advice me.