Chirag Shah 06 December 2016
Adultery cant be proved. Even if proved court wont punish the woman, but the man can be made a party u.s 497. She withdrew consent, means that you should fight the case on basis of merits. She sure appears to be crooked. For such ladies, you cant do anything, she has taken back all her belongings and now she turns her word.
Regarding the kids,you should be in a position to take care of kids till the age of 18 years. Your parents are old, I really cant imagine how you would manage looking after the kid. FIghting custody case will be waste of time. Talk to wife, if you mutually agree, let go off the kids on a share parenting plan signed and agreed by both of you and submit the same in court. This however needs to be done on mutual trust. As defaulter,? Once again both of you should stand in court again and again.
This process of going to court will go on till kids turn 18. In the mean time, check whether the kids are really yours or not. If the kids born outside of wedlock then you need not give any share in your property to them, nor you will need to give any alimony to them or the wife coz it will directly prove adultery. This can be confirmed by way of DNA test. Give application to court asking for test to be done on the kids and you.
Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 06 December 2016
As per CrPC 125, you are duty bound to maintain your legitimate and illigetimate child as well,Only thing you can do here is go for share parenting plan.
Chirag Shah 07 December 2016
Thanks sir, for your prompt reply.
Chirag Shah 07 December 2016
Thanks sir for your reply