1. You should have filed a suit for permanent injunction to stop her from uprooting the daughter from you. In India the courts do not ordinarily upset the status quo when it comes to child custody. So it will be an uphill task now for you to get the custody of your daughter from your wife, more so in view of the fact that mother is the natural guardian of child who is below the age of 5 years. Be that as it may, when it comes to child custody the only consideration for the court is welfare of child. If you can prove that you are better placed than child's mother to secure child's welfare then you may get the custody.

2. If the court comes to a conclusion that audio recording is not tampered then it can rely on it.

3. Community head can be examined as a witness, but his evidence will be of no use. You have to prove the adultery of your wife through substantive evidence i.e watsapp conversation and other evidence that may be in your possession.

4. The courts cannot force you to stay with her, but they can restrain you from ousting her from her matrimonial home.

you have tyo prove allegations made in divorce petition of adultery and mental cruelty

2)rely upon whats app message sent by wife with her nude pics

3) rely upon call recordings in your possession

4)seek joint custody of your daughter

5) file complaint against your wife lover under section 497 of IPC

1)custody of child is generally given to mother .

2) you would get visitation rights of the daughter

3) audio recordings are admissible in evidence

4)courts cannot force you to stay with your wife

5)you can rely upon testimony of community head statement to prove your case

1. Getting custody of the child by either of the parent is most difficult task as the court not only believes in status quo but more comfort in claiming parent is not enough.Danger of the child in staying with the other parent is required to be proved to get custody.

2. Yes but it is very complicated to produce in court.

3. Yes

4.No

my daughter was living with me until jan 2017, but she stole her away too and using her as a weapon now.. I filed a case for divorce under cruelty and adultery in Jan 2017 which she contested in April 2017..and claims she has no relationship of any sorts and iam simply doubting her..

The audio recordings held in your possession may not be sufficient to prove her cheating on you and the adulterous acts she had done in the past.

Instead you can rope in other witnesses, for ex., our own people who might have listened to the audio recordings of their conversation and he activities when her paramour visited your house etc.

You can file a child custody case simultaneously on the basis of her acts of adultery.

A) can I get the custody of my child

You must strive to get the custody of your child and you should rely on the fact of her acts of adultery for this.

B) is the audio recording a sufficient proof

This may not be considered as valid evidence or primary evidence, you may produce other witnesses to such things before court.

C) can the community head come as witnesses as she had accepted her affair in front of them

Yes, the community head, if agrees to depose evidence can be roped in as witness from your side to establish the facts and prove your pleadings.

D) can the courts force me to stay with her

No, the courts cannot force you to stay with her or live with her against your willingness.