Infidelity of wife and custody of minor daughters
Hari Pratap
(Querist) 16 November 2017
This query is : Open
Both me and my wife are in govt service. Shortly after marriage she conceded that she had an affair in college, but I let it go because that was past. But after few years I noted she would keep her phone very guarded. So I got suspect that she might be seeing somebody. When probed or confronted about being secretive, she would get violent or threaten suicide saying doubting her fidelity was demeaning to her. But now I have clinching proof that she is currently sleeping with somebody. Now I want to prosecute my wife for causing intense mental agony to me and my old parents by her violent behavior for last many years. I also want to put her lover behind bars (he is married with a son).
For first six yrs of marriage, we used to live alone. After this, when our first kid was born, my parents moved in to look after us. After three years, she demanded that my old parents move out (another kid had been born in between). When asked as to who would look after the toddler kids, she said that they could be kept in a creche. When I resisted her formula, she created a huge scene, tried calling police, and her parents came and took her away with both kids who were intensely attached with me and grand parents. Me and my parents were distraught. She returned after two years, on the condition that my parents live separately. So we are together for last few months again, with my parents living separately in vicinity and looking after kids till we return from our offices. But she still keeps saying that she wants to get away from me and my family because we all are morose. Now, with clinching evidence of her affair, I want to divorce her. Foremost, I want custody of two minor daughters (5 nd 7). She will definitely blackmail us with our emotional attachment with kids. She is in the habit of saying that law & society are on her side. I am ready to let her go if she leaves the kids, but I am afraid of discussing any mutual course of action because as soon as she gets to know that I have nailed her affair, she will again create huge uproar and will again run away with kids. What legal actions are available with me against her infidelity and causing intense mental agony to me and my family for last over seven years?(hari_pratap @ hotmail . com; Greater Noida, U.P).
Vijay Raj Mahajan
(Expert) 16 November 2017
If you have sufficient proof of extramarital relationship of your wife with another man than you can file divorce case against her on this ground under the Hindu Marriage Act,1955.
You can even seek permanent physical custody of both daughters under the Guardians and Wards Act.
You can prosecute the man indulging in sexual relationship with your wife u/s 497 IPC and if is found guilty can face imprisonment up to 5 years and fine.
Arif Iqbal
(Expert) 16 November 2017
For filing divorce petition on the ground of adultery, you will have to make the adulterer a party too in the petition.
N.K.Assumi 
(Expert) 17 November 2017
Your allegations appears to be only a suspicion and suspicion means believing something which does not exist.You can believe anything you want, but in matrimonial matters it is better to act sensibly rather than making wild allegations against your wife of 13 years with two kids. Better reconcile the matters amicably at least for the sake of the children.
Hari Pratap
(Querist) 17 November 2017
Assumi Sir, she came back after 3 years of separation and is still sleeping with somebody. You can gauge her commitment to relationship with this fact. As regards my allegations, I have solid proof that she is currently sleeping with her lover.
Guest
(Expert) 17 November 2017
Very simple, if you have solid proof, why delay, file a case for divorce due to adultery. You can be saved from paying maintenance charges also.
Hari Pratap
(Querist) 18 November 2017
Ok thanks. But what are the chances of court giving custody of kids to me, given that both are daughters?
Guest
(Expert) 18 November 2017
Chances depend upon merits of the case added with the capability and competence of your lawyer and your luck also.
If you believe in astrological predictions, you may have to contact some astrologer.
Rajendra K Goyal
(Expert) 18 November 2017
You may proceed as advised by the expert Vijay raj Mahajan.
If you do not have enough proofs of her adultery take help of detective to gather proofs.
Dr J C Vashista
(Expert) 19 November 2017
Very well advised by experts, I fully agree and appreciate their legal acumen and analytical capability.
Dr J C Vashista
(Expert) 19 November 2017
Consult and engage a local prudent lawyer for proper guidance and proceeding, now it is your call to proceed legally against your disloyal wife .
Hari Pratap
(Querist) 19 November 2017
Thank you Sirs. I read 497 IPC and am surprised to see the overprotection given to women. Anyway, does it mean that if I prosecute her lover, I wont be able to seek divorce against her on grounds of adultery? It is not so, I hope.
