It appears he has obtained audio tape therefrom the sexual relationship of his wife with another person is established.

if that is so then he can based his allegation on the basis of the call recordings.

However audio tape is very difficult to prove , more so, if his wife refuses to give her voice samples in court for sending the recordings to FSL for termination of its authenticity.

Found from where and how those calls recorded.

It is difficult to prove adultery 

2) audio call recordings , messages exchanged by wife with her lover , entries in hotel register wherein she has stayed with her lover in same room would help in making out a case 

To advice y friend, any Advocate will have to go through those call record transcripts. Without knowing what is in those recording (content of conversation between the lady and the other man), how can an advocate advice as to the correct legal position? 

So tell your friend to get those call records to me for expert legal advice and handling the case

See the friend can produce these call recordings along with transcript and.affidavit along divorce petition before the court. Though he may require some more corporative evidence of possible like chat, hotel bills or any photograph or any evidence or witness of them staying together.

For divorce petition as such there is no cost of court only expenses shall be advocate you engage.

Further in case the validity of record is disputed same can be sent for FSL .

It all happens with four wall.  So direct evidence is almost impossible. Circumstancial evidence can only be used. Like hotel bookings,  relevant chat, frequent visit to each other during odd times etc.  But it is very difficult to prove no doubt.

You need to provide section 65 B certificate of evidence Act for the same been electronic evidence. Need to prove in court

Dear Sir,

Adultery is the act of indulging in any type of consensual physical relationship with a person other than the spouse. An adulterous relationship is established between two individuals who are not married to each other. Since this correlation is voluntary, it can also be termed as an extra marital affair or infidelity towards one’s partner. While the legal definition of adultery may vary from country to country but it is considered as a crime and a punishable offence by almost all religions. It is also regarded as one of the major reasons for divorce by almost all jurisdictions.

Adultery has a reasonably recognized meaning in the marital laws and is considered a valid ground for applying for divorce, if either partner breaches the marital vows and commits an act of infidelity. Marriage is a highly regarded as an institution, and is a sacrament as well as civil contract, so infidelity in marriage is definitely a sin. Adultery is considered as an offence against marriage by both the Penal law and the Matrimonial law in India and anyone committing an adulterous act can be punished under law.

Adultery is counted as a criminal offence and has been placed under chapter XX that deals with offences relating to marriage. While filing for a divorce on grounds of adultery, substantial evidences are required to establish the same. The grieved party needs to gather significant proofs in support of his/her case to prove infidelity by his/her spouse. This can be done with the help of a detective agency which may gather information and photographs which may help the grieved party to prove his/her spouse’s adulterous act. The evidences must be significant and related to places and dates where the adulterous party and co-respondent may have met in isolation.

Usually, there are no direct evidences against adultery and it has to be proven with the help of circumstantial proofs such as; photographs of the spouse with a third person at secluded place where they may get intimate or at places like hotels where they may get an opportunity for physical relationship. Since, it is difficult to have an eyewitness to prove an illicit relationship; it can be proved indirectly by showing evidences such as hotel bills or travel records. Also, their public display of affection or their letters, SMS’s etc. can be used as evidence against the offending party. In India, divorce can be easily granted on the basis of adultery once it has been proved in the court.

Before applying for divorce against adultery, the partner must think of its consequences and life thereafter. Life becomes more difficult even after obtaining divorce. In India, divorce still carries a social stigma and if the person concerned is a woman, it becomes more difficult for her to survive herself financially. If the separating couple has kids, they are the ones who suffer the most. It’s better to confront your spouse as soon as you become aware of their illicit affair rather than immediately dragging him/her to court. If it’s the first time, it is advisable to forgive the very first act of depraved conduct and give a chance to save your marriage. Especially, if your spouse is ready to admit the mistake and promises not to repeat it again, then you must reconsider all prospects to give a second lease of life to your marriage.

Adultery is one of the major reasons for getting divorce and one can easily obtain divorce on the grounds of infidelity.

As per cyber and Evidence act digital proof can by produce in the court.

For costing it will totalling depend upon lawyer, how much s/he will charge you fees for this case.

1. Call records are records showing that the calls had taken place and it does not record the conversasions.

2. So, from the call records, how could your friend clearly see that there has been adultery committed by his wife?

3. Withour submitting irreftable evidence of adultery like admission of physical relationship in chat records, copy of hotel room booking register etc. it is difficult to get decree of divorce on the said ground.

your friend can approach Court and file Divorce on the ground of adultery. he can use these evidence before Court to get order in his favour. Audio recordings are admissible in a court of law as per our Indian Evidence Act and the IT Act. 

That is a very good evidence for divorce. 

For proving the same in evidence he has to file a certificate under section 65b Indian evidence act in court that call details are original and not tempered. 

In that case he has to make respondent to the person with whom his wife have extra marital relations. 

Your friend should file a divorce petition against his wife on ground of adultery.

Tender the voice recording of wife in court to prove her physical relationship with another man. But only voice recordings doesn't prove adultery. 

Then He have to make application in court for collection of voice samples of wife for confirming that The voice in recording is his wife's voice.

Or he need some hotel bills where his wife is staying with that person.

Litigation is long drawn and expensive proposition 

2) contested divorce proceedings take 5 years to be disposed of 

3) you would not get priority 

4) you can seek custody of your daughter as wife is suffering from mental illness 

See it won't take 15-17 years though it can take 5-6 years if not appealed though you may pray for priority but court shall take up cases year wise only.

Yes she can get visitation rights to child , and also can contest for custody of the child.

A contested divorce may take time about one year to 3 years. 

As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights. But after the child has crossed the age of 5 years, the physical custody and up bring of the child will be considered by the court. 

Divorve case usually take 3 to 4 years to reach any conclusion if the evidence are not that strong but if evidences are strong the divorce can be granted within two years. 

Yes he can get visitation rights of his daughter and also file case for custody after she turn 5.

The call recordings are not admissible as primary evidence in the court of law.

But he can however state that he suffered the cruelties due to her illicit affairs with so and so guy.

He does not need to prove the same if the other party has not been named as respondent, just the grounds of cruelty for this reason may be enough for filing a contested divorce case.

The contested divorce case may not take more than three years if properly prosecuted.

The child custody case may be fought on the grounds of her adultery and mental illness.

Her can very well get interim relief of visitation rights too.

Consult with a local lawyer and proceed accordingly.

Yes you can claim custody but you need to prove her character less conduct or her careless nature. Other wise court will provide you visitation rights. You can also claim for joint custody

Can file divorce for Adultery and cruelty.

It is very difficult to prove adultery, however, you can rely on call records, SMS, WhatsApp, mails and/ or photos.

Use the doctor's report about OCD.

You can ask for child custody based on above facts.

You can take your child custody even now because of the fact that father is first guardian of his child, the child being less than 5 years there must be some woman in your home to take care of the child. You can complain to police for illegal custody of your child being taken away by your wife without consent from you being the lawful guardian of the child at present.

Or you may file a suit for taking custody of your child in civil court. 

1. Divorce suit does not take 15-17 years to be disposed off.

2. He shall have to file the divorce suit on acceptable ground like cruelty for which he shall have to submit adequate evidence in support of his allegation. Call records fail to stand as an evidence to prove adultery on the part of the wife.

3. If he can prove that his wife is suffering from mental illness for which her having the custody of your child is detrimental to her health/safety etc, then he can claim her custody niow also. Visitation right will always be allowed by the Court.

1. As per the information mentioned in the present query, makes it clear that it is not the case that it would take these many years.
2. It depends upon the forums and proofs to substantiate it before the court of law which actually decides the time to be taken for its finality.
3. In his case, adultery can be proved by her own call records and she can’t deny for too long as she can only say that these are fabricated which FSL repetition would justify and this won’t be taking more than 2 to 3 years.
4. Yes, he can get the visiting right and permanent also if he succeeds to prove her incapability to grow her nicely.

1) wife can file DV case against you 

2) she may also file dowry harassment case against you 

3) also application for maintenance under section 125 cr pc 

See may file a domestic violence case before the magistrate court or a FIR before the police station . See the wife can make parents and him accessed in the case and they have to face the trial.

He can apply for anticipatory bail to secure himself from the arrest.

She can file for maintainance. No arrest , just cooperate in investigation.

She may file DV and 498a  against husband.

Immediately apply for anticipatory bail.

Consult a local lawyer .

On the ill advise of the police she might have lodged criminal complaint for cruelty, dowry harassment, criminal intimidation etc.

He should immediately file an application for anticipatory bail, if the complaint involves his parents also, then AB application is to be filed for them too to avoid arrest by police.

1. The answer will depend on what complaint has been filed by  his wife against your friend.

2. If police has registered any FIR based on her complaint then your friend shall have to avail anticipatory bail from the Court.

3. If no FIR has been registered and she has just filed the criminal Case, then your friend shall have to contest the case fittingly.

It's better he takes anticipatory bail in the said matter

Summarise the dispute in brief 

not necessary to write dispute in detail

Don't meet till you take anticipatory bail in the said matter

your friend can give a statement/complaint in writing narrating the grievances.

It depends on the subject matter hence be explicit as much as possible so that ther is no ambiguity which may make things worse. 

See he can right about dispute covering major issues and incidents.

Write all facts disputes and incidents .

Dear Sir,

1. Police may refuse to register FIR.
2. If not arrested yet, then accused persons get anticipatory bail more easily
3. If any of the accused persons have been arrested, it is easy to get regular bail.
4. This helps a lot during trial.
5. Once a person gets anticipatory bail or regular bail, it breaks back-bone of the criminal case of wife because the most a court can do is jail a person and this is averted by anticipatory and cut short by regular bail.
6. This also helps a both the parties agree to reach a compromise.

First tell him to collect copy of FIR and than reply to that FIR. and additional facts of his innocence.

1. It seems that complaint has been lodged against your friend before the police.

2. Your friend should consult with a local lawyer and write his side of the case strictly based on legal provisions to ensure hat he does not write any thing which might go against him letter on considering it as admission of offence.

3. He  can also take the points in writing and answer the questions put by the police I.O. accordingly or hand over the precise points.