• Child custody on basis of adultery, non payment of school fees

Dear Sir,
I want to file GWA in family court. Now I have following grounds:
1) My daughter is now 7 years 2 months.
2) My wife tried to commit suicide but police report say she fainted and media says she tried to commit suicide with my daughter. She has stated on oath that she tried to commit suicide. This all happened in May 2015 and I got booked under 498a and DV.
3) My wife porn clipping (just after 3 months of marriage) proves her adultery and case under obsolescence material is been going on her boy friend and her father statement confirming the same and again she got in touch with her ex- fiance for more than one and half year without my knowledge but does not have strong proof on it.
4) Her regular threat to commit suicide with my daughter and at one instance in court itself and affidavit is with me of the same made in court.
5) She has filed 498a and DV and under DV she is getting 3500/- for her self and 2500/- for my daughter and she is residing in my home under residence order.
6) she has not paid fees to school for last two years and submitting that notices in court and court rejected her application to pay the fees by me.
7) She is also not able to take care of my daughter medical expenses, when she was admitted in hospital in Jan 2016, I have barred all expenses.
8) When she is residing in my home and all my belongings are locked in that same home, she has broken door locks and theft my mother ornaments and I lodged and FIR for theft in local police station. I have proved prima facie of theft.
9) Whenever she has allowed my daughter to come with me and whenever she has demanded any thing I have purchased that things and gifted to her.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

since your daughter is only 7 years old court may not award you sole custody of your daughter

2)better seek joint custody of your daughter on grounds that your daughter life is in danger as wife made multiple attempts to commit suicide

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. What is your query please?

2. You have a very strong case for filing a divorce suit on the ground of cruelty.

3. Contest the 498A and also the DV case fittingly.

4. If the said cases are dismissed, lodge/file a police complaint/case against her for lodging/filing false complaint/case against you u/s11 of IPC.

5. File a child custody case on he ground that you should have her custody for her welfare.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You have to fight 498A and DV cases on merits. The statement on oath wherein she has admitted to have attempted to commit suicide can be used against her fittingly.

2. You are free to file a petition for child custody under the Guardians and Wards Act to get the custody of your child. In a dispute for child custody the sole consideration is welfare of child. The least that you get is visitation rights.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The grounds what you have stated appears to be good and strong enough for seeking custody of your child

You can file a petition seeking custody of your child if the child is residing else where.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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