• Custody of 2.5 year old daughter to father

Hi.
I am XXXXXX, 30 yo, from Zirakpur, Mohali, Punjab. I married a girl (25 yo, Delhi), that i met on Shaadi.com in 2013. She lied about her educational qualification, family, n much more. My wife didn't ever paid attention towards daily house hold activities, the same issues were brought in front of her family, who always protected their daughter(my wife) with assuring us they she would start changing herself. In August 2015, we were blessed with a Daughter. My wife didn't even fed my daughter for not more than 1 -2 weeks. She usually slapped her for no reason. she used my daughter as a tool to stay in the home.
She was caught red handed, talking to her ex-boy friend. and same drama from her family, they pleaded, said sorry, etc.
she left home in Dec 2016 along with daughter. She filed a complaint in Delhi, and i received a letter for counselling.
she has filed maintenance case in delhi is pending, for my reply.
I filed a Divorce case in Mohali court. She is ex-parte in the case. Witness n Evidences are closed. pending for arguments. 
I also have filed a case of Custody of my daughter.
Vaccination of daughter was not done while in My wife's custody.
I got the vaccination done as soon as i got to know about the same. Feb 2017's vaccination was done in Oct 2017. My wife didn't even knew that when the vaccination was due.
My daughter's weight as on Dec 2016 was 10.8 kg when she was in family.
My daughter's weight as on Dec 2017 is 11.0 Kg. I have all the medical records, stating her growth in my home.
All the above things are mentioned in my petition. The case is pending for Arguments.
Following are some more facts that are not attached.
My wife is in relationship with some 19-20 yo guy, in delhi. I have managed to collect photographs n videos, with the help of friends of that guy. in the pics she is laying semi nude in blanket in bed. The other pics are of some hotel's room. I can gather hotel check-in details from the hotels. in video, she is laying in bed wearing undergarments, talking to that guy, her voice, n video are clear, and she is accepting about her relationship. the guy is trying to remove her clothes.
The proofs for adultery are not attached in the custody case, as my advocate was not sure about, how to proof the same. none of the guy's friends is ready to come to court. 
My wife is not even 10th pass, financial condition of her family is not so good.
She has been threatening me to kill my daughter from April 2017 _ i have the voice recordings.
she is using my daughter as a tool.

i am very much confused, how can i get the custody of my daughter.
 I have many pics n a video (with that guy), some audio recordings( proving her condition for not providing daughter basic needs, n all).
My questions are.
1 Will i get the custody of my daughter.
2 Will i be able to prove adultery in court.
3 Any alimony, monthly maintenance, I am still be liable to maintain my wife, if adultery is proved.

Regards.
Asked 4 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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11 Answers

With respect to the custody, the sole and predominant criteria is the welfare of the child. It has to be proved through convincing evidence that the child's welfare is with either of the parent. Normally, indian courts are reluctant to offer the child custody to father unless and otherwise a strong circumstance is made out against the mother. Therefore, that strong circumstance should help you to get the custody of your child.

2. Adultery can be proved through circumstantial evidence.

3. If adultery is proved, then she will not be entitled to maintenance.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1)Regarding custody of your daughter is highly impossible to get you custody, as per law minor's are kept under mother's custody and for daughter's especially mother is best natural caretaker, so in most of the citation girl custody is with mother. Still you can try by providing various evidence which you have that your wife is not taking care of your daughter.

2) Yes !! easily you can prove adultery against her, provide all evidence which you have against her in the court.

3) If adultery is proved against her than you don't have to pay any alimony, if paying it will get stop.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Welfare of child is paramount consideration

2) court can award you joint custody of child

3) you will be able to prove adultery

4) wife guilty of adultery is not entitled to any maintenance

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1)You can get custody of your child but you need to prove in court that your wife is not.capable of taking care of your child and she is involved.in bad activities. Under the Hindi minority and guardianship act child below 5 years should be with mother but in a strong case against mother court can give custody to father.

2) in india adultery is not an offece for.women the man with your wife can be punished though these evidence you.can use to show court that your wife.life.style things she is involved in not proper for your child also you can us this in your divorce case. These evidences will.be.enough to show adultry. You can also file case against that man.

3) That depends on the court if your wife is not able to sustain still court can grant some.alimony.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello sir, it is advisable to file a FIR under 497 IPC for committing adultery with your wife.. The pictures and hotel details are sufficient and valid proof for committing adultery .. 100 percent her boyfriend will be convicted under adultery ... Moreover , If a FIR is registerd for adultery , she will be rejected custody on the grounds of her character and you can file quashing of all the above cases that she has levelled agianst you in high court under section 482 Crpc .. At present your focus should be on registering of FIR under adultery

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Unless and until you manage to establish in court that your wife is leading an unchaste life making the living condition of your daughter not suitable for her welfare, the custody is not going to be handed 0ver to you.

2. Lack of education and financial might is not enough ground either to seek custody.

3. SO if you prove her adultery and unhealthy living standard then you have a fair chance of getting custody of the child. Prove her using the child as a pawn. This will help you immensely.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Easily, since you are the one guaranteeing a better atmosphere to the child for his/her overall well being and growth.

2. Yes, you have direct evidence to demonstrate that your wife is in an adulterous relationship.

3. No, an adulterous wife cannot claim maintenance.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Welfare of the child is of paramount importance while deciding the custody of the child, this has been reiterated by the SC in plathora of cases.

2. Yes the court can avoid you the joint custody of the child.

3. From the facts as narrated by you, I am hopeful that you are able to prove the adultery

4. Note that if the adultery is proved then the wife will not remain eligible for the maintenance.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Mother is considered as the Natural Guardian of her child up to his/her 5 years of age for which custody of child having less than 5 years of age is given to the mother ordinarily. However, basically custody of child is awarded considering the welfare of the child and if you can establish that for her welfare the custody of your daughter should be given to you then you shall get her custody.

2. You should lodge a police complaint against her paramour bringing the charge of adultery against him (no charge of adultery can be leveled against women). If FIR is registered by the Police and finally his adultery is proved against her paramour, her recorded act with him also will be considered as a form of cruelty against you which will entitle you to seek decree of divorce on this ground also.

3. If her having had s*xual relationship out side her wedlock with you is proved, you shall be entitled to get the decree of divorce and in that case you will be relieved from paying any alimony/maintenance to her.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You prove her adulterous life before court by producing the photographs in compromising position with her paramour and can mention that the child's future will become detrimental if it is made to live with her mother under the given situation and also her poor economic and educational background may hamper her future educational career.

2. The evidences in your possession should be sufficient to prove her adulterous life.

3. You can argue that she is not eligible to claim maintenance since she is involved in adultery.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

I answered as follows:

1 Will i get the custody of my daughter.

Ans: In rarest of rare cases custody will be given to the father since you are alleging adultery against your wife. In normal course up to five years of age the mother is entitled of custody of child however visiting terms will be given to father.

2 Will i be able to prove adultery in court.

Ans: Proving of adultery is very hard. However it being a secret act circumstantial evidence leading to a full chain of circumstances deemed to be established adultery.

3 Any alimony, monthly maintenance, I am still be liable to maintain my wife, if adultery is proved.

Ans: Till allegation of charge of adultery is proved you are required to pay monthly maintenance to wife.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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