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Divorce Case issue filed at women call
05-Apr-2023 (In Domestic Violence Law)
My wife created domestic voilence on my mother (senior citizen) as well not allowed me to enter into rented house. Therefore I have given FIR at women cell. Women cell checked her behaviour and asked either to stay with family or move back to her parents place. She decided to go away from me. She is currently residing in another city (but not her parents place). We have a kid aged less 3 years. Therefore I had visit her place to see my kid, she hided the address. Somehow i managed to get address and started visiting my son and her. In two of my visits some unknown person was visting her, when I was out for some work. In my recent visit, which was a surprise visit I noticed unknown person staying with her in the same flat. I visited her around 11.00pm when I entered the house I was shocked seeing unknown guy in the flat. When I started asking her illegal activity, both my wife and unknown person beaten me and tried to lock my neck so that I can die.
Please let me know, how to deal it
hello sir, there are two legal remedies available to you. either you can apply for divorce along with the custody of child or you can apply for a restitution. but let me make one thing very clear if you apply for custody there might be a chance that you would be allowed visitation rights so far as the child is too small and would need the mother's care and attention at this age till he is 14 years.
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Adv. Megha Mary Thomas
Delhi | 100+ Answers
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It is a clear case of Adultry by the other person with your wife. You please file a police complaint against that person and your wife. Try to find out the ID of man whom you are addressing as unknown person. and as well file a case of Divorce on grounds of Cruelty and Adultery and for child's custody as natural gaurdian of the boy. in cases where Adultery is proved and divorce granted on its basis the custody of child goes to the father of child.
However, it is very very hard to prove an adultery act in the court as mostly it is been committed by two adults in secrecy and at aloof place.
Cases of Divorce look very easy by face of it but in fact these are the one of toughest cases to be proved. So you are advised to please engage a good experienced Advocate of this field and get it drafted it with support of all proofs you have against your wife and get it be filed in court and as well as with the local police too.
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Adv. Anand Bali
Delhi | 25+ Answers
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Hi,
it is a very severe case. You should immediately lodge a complaint before concerned Police Station.
Moreover you may also seek divorce on the very ground.
For more information feel free to have a word with me
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Adv. Sahej Uban
Delhi | 700+ Answers
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