Hello,

Definitely you can file a divorce on the ground of cruelty.

Since the crime has been reported once therefore it will be easier for you to file and prove the case.

Make those boys also a party to the divorce suit.

Also since the younger son is in the custody of mother and is living with her at her place therefore custody case will have to be filed there only.

While deciding the custody, welfare of the child is of paramount importance.

Let me know if Me and my team can be of any help for you. We have our branch office in Bangalore as well

Regards

Hi sir , the grounds for obtaining divorce has to be strong .. If you can prove her adultery , and that will be proved if the police lodges a FIR agianst her lover of commiting adultry with your wife .. The FIR , itself will be a strong piece of evidence, in filing divorce on the grounds of adultery and mental cruelty

1)file for divorce on grounds of mental cruelty and adultery

2)make her lover co respondent

3) wife having extra marital affair amounts to mental cruelty

4)seek sole custody of your children

5) wife guilty of adultery is not entitled to maintenance

6) you can file case of adultery against her lover under section 497 of IPC

I just called you, you may pick call me back.

1) you can seek phone consultation from any lawyer on the website

2)if you have condoned acts of adultery and continued to reside with your wife you may not get divorce on grounds of adultery

3) you can file case of adultery against her lover under section 497 of IPC

Hi,

If she is still involved in adultery you can go ahead and file adultery and make this the basis for you divorce petition as well.

Since even after the councillor she is involved in adultery then this seems that she will not come back and choosing way out is the option for better life.

The custody of both the son should be claimed by you as both are above 5 years as per sec 6 of the Minority and Guardianship Act.

The custody of children over 5 years are given to the mother in very strong cases of custody claims

1. Sec. 468,473 CrPC describes the limitation of criminal cases that court can take cognizance. In case, if the same police station can not take up your complaint then you can approach jurisdictional court to get order for the FIR to be filed.

2. Sec. 66 of Information technology act, the adultery can be proved using Whatsapp messages, Mobile calls ... etc.,

3. Still you can raise FIR for adultery but your wife can not be punished and her boy friend would be punished if proved ( According to IPC Sec. 497 ) . It is good have the evidence of her " present affairs " but not mandatory.

4. Along with adultery charge, you may also include mental harassment charges against your wife.

5. Coming to filing divorce plea, The adultery is the ground to seek divorce from your wife. Her lover suppose to be one of the respondent in the plea.

6. You can also make a plea for custody of your both children.

You may get in touch with me for more information.

File a petition for divorce on the ground of mental cruelty and adultery. Get in touch with a local lawyer so that he drafts this divorce petition and presents the same in the Court on your behalf. In case your wife too, is ready for divorce, both of you may obtain divorce by mutual consent.

Adduce all the evidence that you have in support of your case.

To retain the custody of your elder son, move a separate application under section 26 of the Hindu Marriage, so that the status quo as to his custody is not disturbed during the pendency of the divorce suit.

1. Since her straying is repetitive in nature I do not think there is immediate chance of her corrections of nature.

2. Adultery on repeated occurrences is greave mental cruelty for which you can file suit fir dissolution of marriage.

3. if the adultery is proved there would not be much difficukty to get divorce.

4. However if she is unemployed then there is likely to be an order of maintenance in her favour.

1. The grounds narrated by you are sufficient to get divorce.

2. You may also get custody of son since she is leading her life in adultery.

3. You can file both cases of adultery and divorce better go for mutual divorce without alimony to avoid mental torture and time.

You may initiate divorce proceedings immediately by sending your wife a legal notice and filing the petition at the family court. Custody of children will be decided by the court at the appropriate time during the hearing.

You need to file divorce petition on the ground of mental cruelty. These evidences are not sufficient to prove the allegation of adultery against her.

1. You should file a police complaint alleging adultery committed by the paramour of your wife if you have collected the evidence of his establishing physical relationship with your wife.

2. Once he is arrested and punished with jail term, it will become cake walk for you to get the divorce suit on the ground of cruelty with out having to pay any maintenance or alimony to your wife.

3. So, first lodge the police complaint against her paramour, then file a divorce case on the ground of cruelty and thereafter also file a child custody case on the ground that your children should be given custody to you considering their welfare since they will feel devastated seeing their mother running physical affair with third persons out of her wedlock.

1. You shall have to lodge a police complaint alleging adultery committed by the paramour of your wife. The delay can be reasoned stating that he had promised its non repetition but has started again.

2. Once his adulterous relationship is established, you get very fair chance to get a quicker decree of divorce and custody of both of your child.

You can file a contested divorce case on the grounds of mental cruelty based on her extra marital affairs with different guys and adulterous life.

If you would like to file a divorce case on the grounds of adultery then you may have to produce substantial evidence before court to prove adultery and also the adulterer to be impleaded as a second respondent.

As far as the first child custody, you dont file any case since the child is with you under your care and custody.

If she wants custody, let she file a case for that.

Can I still file adultery case after one year?The reason why after so long on filing a divorce is because now they want to stake claim on my elder son as well. Right now I also have certain things which I have to dicsuss.

If you have proof for this adulterous act then you can proceed with the divorce on the grounds of adultery.

You can book a call with any of the lawyers of this forum if you need to discuss in person with the chosen lawyer over phone to get personalised advise on the subject matter.

1. If you want divorce then a petition for dissolution of marriage has to be filed by you in the court on the ground of adultery and cruelty.

2. To get your child back you have to file a petition for child custody under the Guardians and Wards Act. ANy dispute of child custody has to be tested on the touchstone of welfare of child. Although the courts more often than not lean in favour of mother in a dispute of child custody but this is not a cast iron rule. If you can prove that you are more competent than mother to secure the welfare of child then you are entitled to get the custody. The least you will get is visitation rights.

3. A criminal case for adultery can be filed by you even after a year against her paramour/