• Adultery and divorce

Hi,
I have got married in 2004. My husband having affairs with prostitutes. I have call recording for all these as proof. But I could get the visuals. I revealed this to his brother and we had a discussion at home. I have a video where he is confessing about his mistake. 1.  Whether this will be considered as proof in the court?. 
That day my husband agreed for mutual divorce and giving my son to my custody and without any financial benefit for me. But now he is not ready to give my son custody to me.
2. He has sold his site gift-deed by his brother without my consent and asking for my signature now to sign on the NO CONSENT AGREEMENT. If I  file divorce case now, whether my son 3yrs old will be able to get share in this property or money?. Probably the purchaser still not released all the amount until they get my signature. How can I use this to get my divorce?
3. My mother-in-law own a building it has 3 floors and 5 houses in that. Whether my son has any rights to get share in this property?
My least expectation is to get divorce and get my son's custody. How can I proceed here?
Asked 5 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) video and audio recordings are admissible in evidence 

2) if property is standing in husband name your consent is not required to sell property 

3) your son has no share in mother in law properties 

4) since your child is only 3 years old you would get his custody
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1. Admission of your husband and call recordings can be led in evidence in the court. 
2. If you want the custody of your child which your husband is not ready and willing to give to you then the only remedy is to file a petition for child custody in the court which has to be decided on the touchstone of welfare of child.
3. During his lifetime his wife or children do not have any share in the property.
4. Neither you nor your child has a share in the property of your in-laws. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hi, If you able to prove before the Court that your husband is having voluntary sex with other women then you will able to get divorce from your husband.

2. As per Hindu law wife is entitled only for maintenance and you have no right to claim share in the husband property. So you have to file a petition under section 125 of the Code of Criminal Procedure seeking maintenance to you and your child.

3. If the property is the ancestral property of your husband  and mother-in-law then your son has right over the properties and if the property is the self acquired property of your husband and mother-in-law then your son has no right to claim share in the properties.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1.  Whether this will be considered as proof in the court?. 
That day my husband agreed for mutual divorce and giving my son to my custody and without any financial benefit for me. But now he is not ready to give my son custody to me.

Th audio recording may not be admissible as primary evidence in court but it may help to corroborate your statement in the absence of any other substantial evidence.
If he is not agreeing for child custody to you, you may use this audio recording before court to prove his lose moral and character under which the child may not be nurtured properly or brought up with good spirit or good morale, in your child custody case after rejecting his mutual consent divorce case.





 2. He has sold his site gift-deed by his brother without my consent and asking for my signature now to sign on the NO CONSENT AGREEMENT. If I  file divorce case now, whether my son 3yrs old will be able to get share in this property or money?. Probably the purchaser still not released all the amount until they get my signature. How can I use this to get my divorce?

Neither you nor your son can legally claim a share or rights in his self acquired property.
You cannot do anything about it except file an injunction suit to obtain injunction against the sale for creating charge on the property for the maintenance case you would be filing later on.




3. My mother-in-law own a building it has 3 floors and 5 houses in that. Whether my son has any rights to get share in this property?
NO
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
1. Audio/Video recording will be considered as validly acceptable evidence by Indian courts of law,

2. Your husband has the right to deal with his property for which he does not have to take any body's consent. Mother is the natural guardian of her child up to his/her 5 years of age. So, you are likely to get your child's custody,

3. Your son will have no right on the property of your MIL during her lifetime. You as well as your son is entitled to maintenance from your husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1.  A NOC from the biological father is essential for getting visa to the minor child.You can take your son abroad but his permission is required.

2.  You can file a divorce case through your representative or GPA in India


3.  Yes even in mutual consent divorce your GPA agent can represent you


4.  Yes, you can file a child custody case as per your desire. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
1) you would need husband consent to apply for passport for your child 

2) if you have his passport you can apply for visa for child . Authorities may insist on husband consent 

3) if you are divorced in India and have sole custody of your child husband consent woukd not be necessary 

4) it is better you file for divorce when you are in India . If you file from Australia your lawyer will have to send petition for yiur signature ha ve it attested before Indian consulate 

5) you can execute POA  in favour of family member but you will have to come to India during trial 

6) court would award your husband visitations rights  atleast 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1.Yes, your husband's signature is required for getting Visa for your son . You can not take your son out of the country without his knowledge and consent and he can certainly pray for a restrarin order on you from the court for the said act of yours,

2. You have married in India and he is staying in India. So, you can not file a divorce suit in Australia and avail a decree of divorce in the given circumstances. You shall have to file divorce suit in India by yourself and your POA holder can pursue the matter further in the Court. You can file the divorce suit on the ground of cruelty. GPA can be executed in favour of anybody,

3.  In both the case you shall have to personally be present in India while filing the case. MCD will be disposed of with in 6 & 1/2 months and you shall have to personally appear before the Court on the day of the 2nd motion when the said MCD will be decreed of,

4. Yes, it is a valid ground for seeking custody of your child for his welfare.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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