Divorce and child custody
Querist :
Anonymous
(Querist) 29 July 2018
This query is : Resolved
Dear Sir,
I am married for 16 years. I have a son and daughter age 7 and 12 respectively. Throughout our marriage my wife has been involved with single male friends, going out with them or when I am at work the friends visiting home. I told her to stop many times but she keeps saying it is harmless relationship and that my mind is dirty. I approached her mother, who also feels that my mind is corrupt. Last year my son saw one of her male friends press my wifes legs in the bedroom. I confronted my wife but she denies as usual. I have other photo evidences where she is with her male friends, hugging and kissing. My brother once saw a male friend having beer in the bedroom with her.
Her family is powerful and are supportive of her, they think I am jealous and insecure.
I am currently undergoing marital counseling along with my wife as last effort to see if my wife stops this behaviour.
Sir, my question is can I seek divorce on this ground and get the custody of my son. What are my options.
Can you suggest a good lawyer in Hyderabad.
Regards
Peter.
Dr J C Vashista
(Expert) 30 July 2018
You will have to procure evidence(s) beyond reasonable doubt to prove that your wife is living in adultery and seek professional services of a local prudent lawyer. However, it would be better to move your divorce petition on the ground of cruelty and mention all these stories.
Custody of the minor is a different issue to be dealt with separately in Guardians & Wards Court where the children are residing.
Consult a local lawyer
Dr J C Vashista
(Expert) 30 July 2018
You may contact Mr. Sainath Devalla, an able and competent senior expert practicing in AP High court at Hyderabad. HIs contact number may be obtained from database of this site/platform.
Querist :
Anonymous
(Querist) 30 July 2018
Hi JC Sir and Kamakshi Maam, Many thanks for the advice.
The other evidence I have is many screenshots of her Whatsapp where she has said I love you with kisses and hearts, to one of her far off cousin (single male) . There is audio recording of the call I made to this person where he agreed she saying I love you to him every night and she complaining about me to him.
And there is photo where another friend is licking her cheek. JC sir could this be used as evidence. Procuring evidence beyond reasonable doubt would be very difficult.
Kamakshi, Maa'm thanks for the insight. I will get the DNA checked, never thought on those lines.
Warm regards
Peter
Kumar Doab
(Expert) 01 August 2018
AQ..................Pls don't post as AQ and post with your ID...
Kumar Doab
(Expert) 01 August 2018
What is the reason for pressing in query that family of your spouse is powerful?
Are you afraid of any harm?
Discuss in person your own very able senior LOCAL counsel of unshakable repute and integrity specializing Family/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..and also let your children(n) also state whatever they know..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Family/ civil courts, HC……
Your counsel can explain the adultery/adulterous relations and IT’s meritful impact on your case.
Querist :
Anonymous
(Querist) 16 August 2018
Thank you Sir, as advised I have approached a local Lawyer.
Your help is much appreciated
