Posted one response earlier but it disappeared! Anyhow, I am retyping one again!
Remember that in divorce matters, patience is a virtue that returns rich dividends in the long run. Therefore do not file anything unless you have all the evidence you need first.
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Hire a licensed private detective to follow her for a week. Have photographs taken and records maintained about her whereabouts for a week. Make sure that he is willing to file an affidavit about his observations which you will produce in Court and have him as your witness. He should maintain a detail record of her whereabouts for a week. If he is licensed, the evidence will be admitted. Otherwise, let alone admissibility of evidence, both of you can be in trouble. DO NOT TELL YOUR ADVOCATE THAT YOU ARE GOING TO HIRE A PRIVATE DETECTIVE. Always remember that advocates are like prostitutes, only less pretty. Advocates will spoil all your plans.
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Use your advocate only as a dog. That is, you do the planning, thinking, strategizing and execution of your plan yourself. The advocate should only be used to bark in the Court. Thats what most of them are capable of, nothing more. Do not sign on any paper presented by your advocate at the last minute. Spend at least two days reviewing the same. Do not sign until all changes you want are incorporated in the filing. Do NOT disclose your plans to your advocate. Just use him for procedural purpose. For example, to decide which section is to be used for filing applications, etc.
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Get your recordings transcribed on paper through a professional or through some one like a college professor or teacher or someone from a noble profession. Advocates do not fall in this category. Humour aside, you need a credible person to legitimize the transcriptt. The audio recording itself is evidence but it is the transcriptt that you will refer to in the arguments.
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The suggestion to file RCR is correct. Do not hint of any affair that she is having. At the same time, use some generic word like "misconduct" or "inappropriate behavior." Say that you are willing to forgive her "misconduct," only if she is willing to come back and live permanently with you. The words are important. A badly worded RCR can result in condonation of past misconduct if a smart-advocate (a rarity), decides to later parse it to his advantage. Keep pursuing RCR and/or sending notices until two years elapse. Always show in your RCR filings how much you love her and want her back at all costs.
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Wait for the two years period to elapse and then file for a divorce petition based upon all the evidence, RCR filings, etc. You can file on mental cruelty, desertion, etc. 100% you will get it with no maintenance obligations for the rest of your life. Live Happily Ever After
In the interim, you have a Cr.P.C. Section 125 to deal with. First hearing, tell the Judge that you were down with typhoid. Get a medical certificate, purchase pills, medicine, etc. Get ready now. Tell the Judge you need time to retain an advocate. Next hearing... advocate comes and asks for time saying he has just been retained. In any event, keep a copy of the response ready just in case Judge decides to pass a "no WS(response)" order. Then you pull your WS (Written Statement) and say that it is not ready but since she is insisting, you want to submit it in whatever form it is. Third hearing, you submit the WS unless you can test the Judge's patience even further. Also, file application to summon bank officers in banks she has accounts. Application to summon payroll officer of her employer, if any. Keep filing these applications. In your first response to the 125 Cr.P.C. application, put a statement that there is certain additional information that you would like to provide and reserve the right to do so later as you do not have this information. When the Judge is about to schedule a hearing on the application, file an application to amend your response to the application saying that you have new information that you did not have before. Your goal to get as close as possible to the 2 year desertion by your wife before the Section 125 is actually ruled upon. Worse case scenario: Judge will order interim maintenance if one is applied for. File appeal/revision whatever it is called.
With respect to her social networking adventures, save her email ids, handles, profiles, etc. Try to find out the ISP she is currently using. Then get the Court to issue summons to the various sites to disclose certain very specific information, such as time she spends on social networking sites or actual correspondence. Most likely you will not get anything. There will of course be resistance from the companies themselves. You use this time to drag the application. But you need to know that mere printouts of her communication regarding affairs will not suffice as evidence. A good advocate(rarity of course) will be able to throw such evidence out. HOPE THIS HELPS!
