Hi,it is advisable to file a divorce petition on the ground of adultery and mental cruelty .Also simultaneously file for the custody of your daughter..If adultery is proven ,you will get the custody of your daughter 

File for divorce on grounds of mental cruelty and adultery 

2) make her lover co respondent in divorce case 

3) rely upon poluce complaint filed by you and other evidence in your possession 

4) seek sole custody of your child 

5) court would award you visitation rights 

Yes definitely you would succeed in obtaining decree of divorce  on the ground of cruelty and adultry by contested proceedings before the Court of Law.

Please approach a Lawyer who is handling and practising regularly in family Court matters specifically in divorce cases who would be very good legal source for you to get rid of daily disturbance from your wife and her paramour which is dangerous for you and your property. 

You have every right to claim the Custody of your child under Guardians and Wards Act on the ground of welfare of the child and her life..

Please start process of contested divorce against your wife for mental peace and settled life with your child.

1. Adultery is one of the grounds to obtain contested divorce.

2. Since you say that you have sufficient evidence to prove adultery, you may likely to succeed in obtaining divorce from her.

3. Normally custody of the child below 5 years will be entrusted to mother. However if you can put forth your defence for the welfare of child only and hence the custody of child with you may be given based on your wife's adulterous behaviour.

4. If you can prove the adulterous nature of your wife beyond doubt, you need not pay maintenance or alimony amount to her. However, in case you do not get custody of your daughter for whatever reason, you may have to pay maintenance for your daughter.

1. It's good that you lodged FIR against your wife and the boy.

2. In case she is convicted for criminal conspiracy to eliminate you, definitely you will get custody of your daughter.

If she is convicted then you would get custody of your daughter 

You can file your divorce on grounds of adultery. You can prove the same and get divorced from her

1. On the basis of confession of the boy do lodge a complaint with local police so of any untoward incident happens then they could be arrested and prosecuted. 

2. Immediately file a suit for divorce on the ground of adultery and conspiracy of killing you. 

3. If the conspiracy is prima facie proved you chance for custody of the child increases for which separate suit for custody is to be filed. 

Underground adultry you can apply for the custody of your child and you can file divorce petition based on the adultery itself you can give the difference of your FIR and police investigation in this regard to strengthen your case and on the adult announce you may not be responsible for payment of maintenance and alimony for winding up of marriage

- As per section 497: Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.

- Further, as per Supreme Court, Only an outsider man i.e. the said boy can be punished under Indian adultery law.

- Hence, even your wife is having an extra marital affair; you cannot take legal action against her under this section and also any section of the IPC.

- But you can get divorce on the ground of adultery, as you have sufficient proof /evidence of her adultery, like complaint , FIR etc.  

- Since, she is not living with you, then you can file a divorce petition against her on the ground of adultery & cruelty.

- Further on the ground of cruelty, you can get custody of the daughter  , if they wanted to continue with you . 

- Further , as they are threatening you for life , then you should lodge a complaint against them before the higher official of police. 

You can file a divorce case on the grounds of adultery by impleading her paramour as the second respondent.

You may have to attach concrete documentary evidences or witnesses to support your pleadings.

On the basis of establishing her acts of adultery or extra marital affairs, you can blame her to have an immoral character hence it would not be conducive atmosphere for your child's growth and future, therefore you can convincingly plead before court to get your child into your custody.

On proving her adulterous life itself, you can hope to get your child into your custody.

Besides,  in the criminal case  if she is convicted then that shall be an additional ground for you to get  the custody of your child

1. IF Police files Charge sheet (based on your FIR) against Boy & Wife, and they get convicted, THEN you can be sure that you will get custody of your child, without having to pay any alimony or maintenance or other compensation to wife.

2. Based on Police FIR & Charge Sheet and statements of Boy & Girl, you can also file for Divorce proceedings on grounds of cruelty without having to pay any alimony or maintenance or other compensation to wife.

1. Firstly proceed with FIR against both of them.

2. Secondly file divorce petition against her and make boy co-respondent on ground of adultery before the family court.

1. See you may citing her behaviour and for welfare of your child file for custody of your child. The court may based on facts and circumstances decide same.

Yes you can file for Divorce on grounds of Mental Cruelty & Adultery

You need to add her boy friend as party to the divorce petition as second respondent.

Copy of your complaint lodged with Police needs to be filed as supporting document in support of your case.

Alongwith the above, you need to file petition seeking custody of your daughter.  

Reply to your second post:

Use the copy of FIR in support of your case and the admissions made by them.

Yes, if she is convicted, you will get the custody of your Daughter.  No doubt.

Yes it is very much easy for you to have custody of your child. 

Prove Adultry in court and ypu can achieve both the targets of divorce and child custody 

1. Adultery is no longer an offence as Supreme Court has struck down Section 497 of IPC as unconstitutional.

2. Adultery by spouse is now only a ground for divorce. You are free to file petition for dissolution of marriage if you have evidence to prove adultery.

3. So far as the issue of child custody is concerned it is to be decided by the court only on the touchstone of welfare of child. Even if it is proved that a woman is adulterous it does not lead to a conclusion that she is a bad mother. A woman may be a very bad wife, but nonetheless a very good mother. There have been many cases where even adulterous women have been given child custody in place of mother. However, if the adultery of spouse is coupled with evidence suggestive of conduct which is unbecoming of mother, the custody can be denied to her.

4. If you are able to prove that she had planned to murder you then you stand a good chance to get the custody.

You should file a divorce petition for adultery and cruelty and desertion. Also file a case in the high court for illegal custody if your child immediately.

Also file a FIR against your wife and that guy for beating you and intent to case harm.

Yeah you will get custody of the child if it is proved.

immediately file a divorce case against her before the family court based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 along with an application under section 26 for Child Custody. you will get the custody.

you can file divorce on the ground of adtery. 

adultery does not play a role in determining, which parent is given custodial rights to the children.

you have to file separate petition for custody of child. 

if she convicted you can claim custody of child. 

1. You should file divorce petition on ground of mental and physical cruelty and adultery by wife. 

2. You should also lodge FIR against boyfriend of your wife. 

3. You can get custody of your wife you can prove that she doesn't have very good behavior towards her daughter and her boy friend can kill your daughter anytime to get rid of her.