First a shocker whichever way you may take it;
1. Highest Court once said, that an wife committing adultery is not entailed for 'alimony' and later on;
2. Revised its earlier stand and said she is entitled for ‘alimony’ under quasi - criminal (S. 125 CrPC) as well as under pure Civil laws (HAMA).
Now your query remedies are as follows;
A. Suggested to file case of divorce under S. 13 (1) (i) (ia) HMA where in wife is made respondent 1 and in every petition presented by a husband for the dissolution of his marriage on the grounds of adultery the petitioner shall make the alleged adulterers co-respondents (R2 is wife’s cousin brother) in the suits, unless the Court shall otherwise direct.
B. Also shoot immediately an Legal Notice via your advocate on his letter head under his Bar stamp / signature to Telecom Service Provider stating that you (as his client) is;
XXX
"filing some civil as well as criminal suits before the appropriate court of law and there is an requirement of CDR and Complete Call details to establishing some facts over there.
You are therefore by way of this notice directed to preserve and provide in paper as well as on Compact Disk or by other suitable electronic means, the certified/duly attested copies of complete Call Details Records including all regular details and specifically including types of Calls viz. Voice Call/SMS, Missed calls as well, duration showing location in one cell/cell tower, as available in your system in regard to all the calls originated and received from mobile no. xxxxxxxx for the period starting from xxxxx and xxxxx along with its interpretation details in terms of location of the mobile tower within which that origin and reception of the calls taken place during the mentioned period.
It is also requested that the aforementioned details be protected, sealed, stored and preserved in a safe and suitable manner with the complete details of the competent personal/official or other such designation who can be approached, till further notice for producing the same before the Court of Law upon its direction.
It is further brought to your notice that failing in complying with the request made vide this notice may be presumed as efforts of obstructing and denying the Right to Fair Justice to my client and may compel to initiate all such civil and criminal proceedings including damage suits against you before the appropriate Court of Law."
Here annex her S. 498a complaint / fir copy etc.
3. The moment you do all the above fresh divorce suit matter will be put on fast track mode and meanwhile hold your horses on opening paras 1 or 2.
