My Wife launched the false FIR against me under section 498(a), 323, 504 & 506 on 14th July-2014.
My family Background - I married on 4th Dec-2007. We are maharashtrien and same caste. I have one daughter of 5 yrs old. I am alone (My Father , Mother and Brother are expired).
Story in brief -
On 6th June-2014 at 10:30 PM (Night) one guy message to my wife on whats app. I read that message (Message is - come office tomorrow early morning). My wife saw me when i am reading this message. After some time i saw her mobile that message is deleted. After late night (on 7th 1:30 AM) i playing the game in her mobile. Same guy again message her (Message is - Good Night and Take Care). At late night my wife deleted these messages also. Again on 7th 2:00 AM this guy message to my wife (Message is - I reached Home). My wife deleted this message also in early morning. So i have some doubt on wife because this guy not sending any dirty messages so why she is deleting the same. Because my wife never deleted any messages of her college or friends from last 1 year. This guy is working in same company with my wife. He is unmarried.
At Same night on 7th July-2014 (10:30 PM) i asked her about this guy. She told me that he is closed friend of her. But not answer me that why she is deleted this message. After long conversation she agree that they both are done kissing and boobs pressing activity in his office cabin. And she also agree that both are them done the s*xual intercourse in his brother house. After that she felt guilty and telling me sorry about what she is done. After that morning i call her mother and tell her mother about the same. My wife agree in front of her mother (I video shoot the same in my mobile). Her mother telling me that dont tell this any relative and give one chance to her daughter. I told her mother that i cant live with her daughter so take her at your home. After that same day at 8:30 PM she took her daughter and pass my home (That time i am not in home).
On 9th June - 2014 i filled the application in our nearest police staion and brief them about the same. After same day My Wife, Her brother and elder sister call me at late night (10th July-2014 1:30 AM). They telling me sorry and give her one chance. They told me that my wife will live with me on my conditions. After long conversation i think about my 5 years older daughter future. And i am agree to stay with again on my conditions (I recorded this call also in my mobile). On 13th June - 2014 my wife call me for coming tomorrow at my house and same call she told me that how she is reached her boy friend house that day?, She also agree that her boy friend use condom when they done the s*xual intercourse, She also agree that she only took off her lower garments (Means Half Naked from down), She also told that she call her that guy that day and go there and this s*x plan is already decided by both of them (I recorded this call also in my mobile).
His Family took her and my daughter at my home on 14th June-2014. After that she stay with me at my home. On 19th June-2014 my local police station took my wife statement on my filling application where she is agree and filling guilty about what she is done and they took her boy friend statement also on 24th June-2014 where police officer took money from him and stated in statement that her boy friend not done the s*x intercourse with my wife. But on 10th July-2014 she left my home with my daughter (That time i am not present). Same day I launch the missing complaint about her in nearest police station. On 12th July-2014 i got the call from her home town police station that she launch the complaint against me in Mahila Dakshata Vibhag and police officer told me that to come there for the same. I consult to my advocate for the same and i not present there because my lawyer is out station that day. On 14th July-2014 my nearest police station call me and told me that my wife wife launch the FIR against me in her hometown police station and making CR - 00 they transfer the case to our local police station. After that immediately i took the AB which is granted. Today I fill the application to I/O that i want my wife and her boyfriend call data report (CDR) from service provider.Still chart sheet is not ready.
Note - All my evidence (Photo, Video recording, Call recording, CCTV footage) i done private forensic certified.
My Questions to you That ---
1> Should i fill the divorce petition on the ground of adultery and mental cruelty against her?
2> My evidence are admissible in court to prove her adultery?
3> Should i wait for one hearing for 498(a) and after that i fill divorce.
4> She is Bachelor in Arts. She is working with same company and she got Rs 23000 salary in hand. So this is possibility to get maintenance her from me? My salary is 20k.
5> Can she ask share in my individual property.
6> At the time of divorce alimony is applicable for her?
7> Can i get child custody if i proved that she is adultery?
I need your guidance and help to get out from 498(a).
If possible please provide your contact no.
Regards,
Patto.
