quesWife avoiding care of child. How can i get custody?

My wife filed a divorce case and pressed charges of Adultery , desertion & non responsible husband . The case is filed at my home town away from the place we currently stay. All these charges are false and I have recordings and witness for the same. In reality she was careless and irresponsible mother. Since my son started going to school she completely stopped caring about him it was always me who use to take care. She would not care for child at all and leave him up to maids . Later she started working leaving all child care on me. This became the major issue and after several fights one day she left the house with my son and filed the divorce and prayed for child custody on the ground of adultery. I have filed the RCR and now planning to file for child custody as well. All the maids and My Driver have witnessed how she used to treat my son . Apart from them my neighbours are also willing to tell the truth. What are the way to take their statement which will be admissible in court ? Can I take them in front of a magistrate and record their statement ? I have Audio recording of her aggressive behaviour will it help in my claim of child ? is that admissible in court ? I have exchanged few emails with escorts and discussed the cost / availability etc. However I never was in face to face contact with any one . My wife might have an access to these emails , is it good enough to prove Adultery and win the child custody

  • ansHow the case is filed at such a distant place? Was the marriage solemnized at that place or presently the wife is staying at that place? Challenge the jurisdiction of the court if the jurisdictional factors are missing in the case.

    You have to lead evidence of these witness in support of your claim. Evidence is filed by means of affidavit of evidence. these witness will be cross examined by your wife lawyer. Audio recordings are admissible in evidence but it has to be proved that it has not been tampered with.

    Child custody is generally given to mother . you may get visitation rights . paramount consideration is welfare of child .

    Exchange of emails is not sufficient to prove adultery . if she has some incriminating photographs or you have gone in hotel room with some lady that may help your wife in adultery case. Regarding proof of adultery a strict proof is required.

  • File Mutual Consent Divorce @ Rs. 25,000/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

I saw the immoral conduct of my wife directly. So we were separated before 4…
we had our registree marriage on 20 March 2016 and our hindu social marriage occured…

Do both spouses need to be present at the hearing for divorce?

There is a friend of mine. She was married in a minor. Now she is…

Divorce Lawyers in India

Advocate Vipin Kumar Malhotra

  Saket Court Complex
 Experience: 18 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Diva Arora Menon

  Nizamuddin East
 Experience: 11 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly