Dear Learned Counsels,
I am a Hindu male from Maharastra married since about 10 Yrs having 3 sons aged 9, 6 & 3 yrs.
Point 1 -: My wife re-started her pre-marraige affair about 2 yrs back. One day she was suddenly untraceble in Jan 2012, so I had to lodge missing after 2 days.She was caught outstation with the paramour at a well known Beach resort while checking out. Police took statement of both in which they accepted having extra-marital affair. The Resort manager gave statement to police that they posed as Husband & wife & paid extra Rs 1600 for floral decoration of the room for honeymoon. I have hotel bills of room they stayed for 3 nights & voucher of floral decoration, also their flight tickets. Other than this episode I have many one-sided audio recordings of her voice while she was talking to paramour which confirms she was having affair, nothing more. I have her Mobile Call lists in which daily she is talking for hours with paramour leaving my children.
IMPORTANT Point 2: Six months after marriage, she started opening up as very Hot Tempered & careless person interested only in jewellery & other personal stuff. She used to throw & break things if all her demands were not met. We thought responsibility will slowly make her understand, but same things she also started with all the children. Day by day her violence & negligence with children was increasing. Once when my mother got half hour late to bring fruits for her while she was pregnant 2nd time, she threw away a bulky table in anger & her pregnancy was preponed due to same, She even never re-started cooking after her third pregnancy. All the children requirements like getting ready for school, medical, making them eat or sleep, sunday outings & all other activities are regularly happily done either by my 60 yr old diabetic mother ( PM 400+ ) or me along with possible help from daytime maids. Wife is out either with paramour or on Job. Wife also often quarells with maids so that they run away. The two elder sons voluntarily say that they want a new good mother & the 3yr old does not want to go near his own mother, But nowdays as the evidence is starting, she is trying to influence the kids with her sweet noncaring words. I can write pages about her & children incidents which can moist even the toughest of Hearts, but below listed are only whose proof are on record.
(A) Her above Jan 2012 Unchaste missing when all 3 children were with us (B) May 2012 missing report by me when youngest son was having fever (doctor prescripttion on record) (C) Oct 2012 FIR by myself when me & mother were not at home & she broke open my mother's room door & tried hard to break open her Cupboard in the process hurting herself. We immediately reached as my eldest son called & informed us. All broken glass pieces & her blood drops were on floor (photos on record) when Police came, She denied but when children told police, she accepted verbally but later denied in her statement. Police booked section 107 on her after statement of maid & another person in which they confirmed all above & that children were in shock & ran away from their own mother in fear. (D) June 2013 missing report by me, when all 3 children were with me especially on the first day of school reopening for the new session and their mother was missing. (School opening docs on record) (E) We are living in same house, during interim maintenance she & myself did affidavit & claimed looking after children, for all types of Children expenses, Court asked both to show vouchers on next date. I produced 38 vouchers of last 18 months whereas she was not able to produce any. Court passed order to give maintenance only to wife & remarked that petitioner(me) is looking after the children properly. (F) I Can also call doctor, teacher, maid etc persons to court for proving her cruel & negligent behavior towards all three children .
Que 01 -- Now with all above Point 1 circumstantial evidences, can ADULTERY be 100% proved beyond any doubt in my Divorce case
MOST IMPORTANT Que 02 -- With all above reports & documents on record can I get CUSTODY of all my children including my 3 year old child in my divorce case & save him (She is ready to give elder two). If she gets away with the third child she will definitely use him & totally spoil his future with all possible negativity, She has confirm plans to lifelong be mistress of already married paramour, who also stays in our small town. Also will not leave the elder two to live and grow peacefully and healthily with me.
Please give your solid judicious advice & even my children will be highly obliged.
Thanking you in Anticipation.
RAKESH
