Custody

@ Author,

1. In my opinion first being her husband he should file an 'missing person report' in jurisdiction police station based on special knowledge of other man's address where he assumes his legally wedded wife eloped to, taking parties minor with her. File an RTI addressed to Police Station to seek True Certified Copy of his 'missing person report' and/or on the spot ask for stamp and signature on duplicate copy of 'missing person report'. Retain it safely.

2. He then should give sufficient (short) time for police to take action upon his above hinted 'diary report' failing which he himself should go to that man's neighborhood and as soon as he confirms (spots) their stay together he should make a call to Police Helpline No. 100 citing to Police Control Room the 'missing person report; brief contents' and seek urgent help in restoring his marriage life and concerns towards safety, security, well being of his wife and minor child. The Police Control room will direct his call to field and then area beat constable will come on the spot and go to this friend's address and make an enquiry and upon finding the two missing persons (your legally wedded wife and minor) he will apprehends them and take them to Police Station for recording her Statement. Naturally, if the other man in her life is also found at that address along with her and minor child then his Statement is also recorded at Police Station. Based on your facts, it may be the case that his legal wedded wife may not rejoin him along with minor after giving Statement and may go to her natal home?. File an RTI to seek true Certified Copy of making the Police Helpline No. 100 call and seek call transcriptt as well as CD and also seek their Statements and/or on the spot ask for stamp and signature True Certified copy of 'their Statement'. Retain all of them safely. 

3. Based on following above speedier remedies he has created Civil 'ground' for Divorce using 'adultery' allegation on his wife and all he to do is search for an local advocate found via reference and instruct him to file a case of divorce using adultery of wife as ground and under respondent names he has to mention her male friend as respondent no. two and serve court Notice as per Rules and by above two evidences (true certified copy of para 1 and para 2) he has a factual case in hand to succeed in getting 'custody' of minor under Personal Law if (adultery) proved. It is time and again said by various Hon'ble Courts in India that a adulterous wife is not only disqualified for interim maintenance / final alimony but even looses custody of parties minor if her adultery is proved. A legally wedded wife under acrimonious marriage may leave her matrimonial home at any point of time but after leaving can only stay with her lineal relatives and not with her male/female friends who are not her relatives by blood. Staying with one of her male friend without consent of her husband is adultery in a marriage is my view as it totally exposes a legally weded wife’s ‘vulnerability’.

4. Discuss other special knowledge facts with a seasoned local advocate found via reference and may act as per above sequence which will give him speedier clear custody of his minor as well as speedier divorce on adultery ground and need not have to even pay her any alimony at the end of such Civil trial.

Note:-

'However, there is many a slip twixt the cup and the lip'.  You and your friend know special facts and a simple brief in public forum(s) becomes complicated due to non-disclosure of other related facts, Hence do pay attention to the idiom before threading to next logical step in assistance with a local advocate found via reference!