? Both of us are working in different Government Bank in the capacity of officer.
? married in june 2010 (arranged)
? I came to know about her disease (Hepatitis B, chiefly not exclusively a sexually transmitted disease) in Jan 2011. Nothing was told to me about this disease efore marriage. Grace of god I am not infected of this disease.
? both of us stayed together till june 2011
? our son born on august 2011
? I was transfered to Goa in January 2012
? My wife, her brother & mother came to goa had quarrel, thereafter police complain was lodged in goa in june 2012
? divorce suite filed by me in july 2012
? FIR lodged by my wife u/s 498 & others in April 2013
? 4 members of my family got bail in august 2013
? I got provisional bail in March 2014 with monthly maintainence of Rs. 10000/* for my son.
Since marriage I was apprehensive of her loyalty towards me but has not included in my divorce petition as no evidence was with me. Since 2011 my wife was staying in her Maika. From her SIM card I got the Call details from the mobile company for past 6 months which reveals the below facts
? She called a particular cell no. about 750 times in 6 months i.e. on an average 4 times a day.
? Every night between 11:00 p.m. to 6:00 a.m she use to call him & except a few long duration call, most of the call happens be of the length of 1-2 minutes (which I assume to be an invitation call)
? In past 6 months that boy had called her only 15 times.
? From further investigation I came to know that the boy whom she makes night call was a renter in her Maika living on the same floor on which she resides.
? On certificate that boy is less than 18 years and 8 years younger to my wife. He will be 18 + in september 2014.
? From my father mobile I called my wife’s cell no. and recorded the conversation wherein she confessed having physical relation with that boy, accepted that boy lived in her maika on the same floor and she also explained the happening of the recent intimate moments between them. Over the recorded conversation she expressed her love towards him to marry him. During several recorded conversation she accepted that she had made false case of 498A and also she gave plea that since I was not with her or I had deserted her that’s why she got into an extramarital relationship.
? Thereafter I called on that boy’s cell no. (same cell no. as taken from my wife’s call record) and somehow able to pressurise him to tell the truth which I recorded. He also accepted having physical relation with my wife and expressed his desire to marry her.
? She has mentioned several irrelevant points in her FIR (498A) for which I have enough documentary evidence to prove it wrong.
We have traced the boy and his father complete address.
Also I have submitted my papers for amendment in my divorce suit in light of the recent evidence.
1. Whether the above mentioned Call Details & Call recording will be helpful to me get the divorce ?
2. Now this is a case of adultery, is the above facts sufficient enough to prove adultery or what else I need to garner to prove the same ?
3. On this disloyal behaviour of my wife will I be able to get the permanent custody of my son ?
4. If the above facts proven in the court of law then what punishment will be awarded to my wife & to that boy ?
5. I want to get call / sms details of my wife since marriage, can I apply in the court to get the same as mobile company provide this data to customer at most for past 6 month.