Sir , me and my wife have been married for 5 years and 6 months now and out of the wedlock we have a son who is 3.6 years old now. We were married in dec 2010 as per hindhu rituals. I was into business and things didnt go fine with me in 2013 and 2014 and underwent huge losses and debts upto 1.6 cr. During this course had pledged gold belonging to my wife on her consent. She also sold a property in het name for 85 lakhs to bail me out of the situation on her own will when my parents were ready yo sell their house in the name of my mother to help me out. However thr whole family fought the situation united and came out of the bottle neck situation. I also had borrowed about 30 laks from my father in law during my business days.
After this episode i started working with a pvt firm in bangalore and used to earn close to 40k / month. Most of it would go for thr gold loan intetest and others. However my dad used to take care of the hpusehold and hence had no issues with my childs education and basic needs.
Later in July my wife was involved in infedility over mobile phone. She had been talking to him since 2013 and when i noticed in july 2015 they were in the verge of exchanging sex chats over whatapp. My wife has told him that she loves him , sent him hugs and kisses , told him that she wished to have him as her husband , shared pictures of her cooking , even sent selfies of hers on occasions. They were emotionally attached through text messages , whatsapp messages and even spoken over phone on many occasions. However both the parties confessed and agreed that they were interacting with each other and also agreed to all that conversations mentioned above. Pls note that i had filed a complaint at the local police station as extramarital affair on my wife and her boy friend.
I had to forgive my wife on that occasion due to the pressure of elders from both sides and started a new life with her. we used have arguments on her infedilty post this episode on couple of occasions and i have physically handled her. Now in Jan 2016 we fought over an issue and during thr argument shr mentioned that she only spoke and exchanged messages with that guy but did not sleep with him. I got frustrated on hearing this and physically handled her in public.She got wild over this and with the intervention of her father they had sent me a Mutual Consent Divorce Notice to my postal address. That was returned back as i was travelling and not in town. Post this situation my wife has been harrasing me and my parents to return with the equal amount of the property compensating for the site she had sold earlier and also to return the amount of 30 lakhs borrowed from my father in law. There is a flat in my name worth 50 lakhs in my name. Also my parents have property worth over 3 cr in their names earned by them and not ansistral.
During this time of seperation from my wife i had attempted to commit suscide being dejected about the situation and had consumed sleeping pills while i was in a drunken state. Later was hospitalised for two days and then recovered. Neither did my wife bor my inlaws came to see me at the hospital when i was battling my life. Now i have completely lost hope in our marriage and would like to get seperated.
Now my question and concerns are :
1. I dont want to pay any alimony or maintenance
2. My dad will gift deed two flats on her name to compensate for the site she sold
3. I need my child custody
In this scinario , should i agree for a mutual consent divorce or should i fight cases based on her infedility amd gain possesion of my son ?? what will be the outcome of this ???
Note: No amount taken from my wife or my father in law in legal white transaction and they have no proof to claim on this.
please suggest me the best options on this. Should i go for mutual consent divorce or figjt cases to avoid alimony and get child custody... pls advise