My wife is involved in an extra-marital affair with one of her ex-colleague. She has left her matrimonial house along with my son (at present 3.5 years old). Of-late I came to know my wife is living-in a rented apartment (rented agreement signed in the name of my wife) with her paramour along with my son and her mother.
I tried to file complaint against them in my local police station. They simply received my complaint without registering any FIR. Since then they have been sitting tight on my complaint. Subsequently the officer who was looking after my complaint suggested the action (living-in with paramour) on part of my wife should not be treated as tantamount to any criminal offence. He added that police should not initiate any investigation against her paramour either. He then advised to lodge a complaint in the police station where my wife rented the flat. While I tried to lodge a complaint in the police station where my wife rented the flat, they asked me to lodge the complaint in my local police station.
I also approached a lawyer. He suggested only paramour can be indicted not my wife as per Indian law.
In this context I am looking for expert advice on the following two questions. Can experts please help me?
1.Can I lodge FIR against my wife and her paramour?
2.Can I initiate a criminal suit against both of them?