• How much time would it take for the divorce?

Hi. I got married in Nov 2011.it was a arrange marriage and all the marriage expenses wer bared by me. I loved my wife way too much and so did my parents.they treated her like there daughter and took her stand always even if me n she had some silly arguments..my mother wanted her to study further do extra curricular activities and even take part in my business..but my wife just wasn't interested in all this..she wud find reasons just to pull up a quarrel or go back to her maternal home..she even started disrespecting me and my parents.In October 2013 we were blessed with a baby daughter. We thought she would start taking life more seriously now, but we soon realised she isn't even giving any attention to the child..thus we had to hire a nanny for my daughter as me n my parents all go out for work. 
Our physical life too had gone to nonexistent as she just wasn't interested and would come up with different reasons everytime..
In October 2015 I came across a whatsapp message she had sent to a guy with her nude pic..i came to know then that she was in a illicit relationship..i was heartbroken but loved my wife alot..i confronted her about this and she immediately fell on my feet and started apologising and said it was a mistake and she would never repeat it..i forgave her hoping our marital life would b smooth henceforth..but things did not change. 
In April 2016 I accidentally came across a call which was recorded on her phone between her and her boyfriend..i transfered tht call to my phone and the conversation was shocking..they spoke about the number of times the guy came to my home in Bangalore and hubli in my absence..about how much they enjoy making love to each other.. They even abused me and my family all through the call and desired that I should get caught somewhere or something should happen to me so they can live together happily..the 102 min conversation took place in the presence of my daughter who was starving and asking for food right from the 1st minute..
I confronted this to her siblings and my brother..we even called the guy for a conversation..my wife repeated the same drama again..fell on my feet..promised to nvr do it again..n me like an emotional fool bowed down..she started behaving very nicely post that and in one intimate moment made me delete the audio recording..though I had made a backup of tht which she wasn't aware of.. 
 2 months later I came to know she still had the affair on.. So I decided to go for a divorce
We decided to settle it mutually at first and she accepted too.. But later on denied and says she will not get separated under any circumstances..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..
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

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

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer