Legal Question in Family Law in India

Lawguru thanks for advices on this problem.
In 2003 Sarita married to Deepak, and have 2 kids of 6 & 7 years. Both Sarita & Deepak are employed. Deepak was weak in sexual power. Due to this he blames Sarita being sexually attached with other man. In 2010, one night Sarita was beaten overnight by Deepak blaming sexual contact with a police man. Sarita got transferred and went to her fathers house, lived there for 2 years. In 2012 Deepak came & asked 2 lakhs to purchase the land for house. Sarita gave the money. Then Deepak and Sarita reunited again just for 1 months. Deepak got some sex chatting SMS of Sarita with another person so he expelled her from his house alongwith both the kids. Sarita went of ladies police help to file 498-a and physical beating, but being bribed they did nothing. Moreover Deepak neither keeps her & kids with him nor gives divorce to her.
Question was that �what is to be done by Sarita now because if she goes to court to file case of domestic violence against Deepak for mental harassment, Or to give maintenance for her and kids under sec 125 of criminal procedure code, then she is of fear that Deepak will bring call detail showing frequent call in midnight and doing intimate sexual relationship type SMS to a man who was her ex-teacher as a proof of adultery. She is of fear that the call details showing frequent communication and sms can lead court to draw inference that there should be illegal relationship, so Deepak will take both the kids with him and she might be empty handed.�
Now please solve her another fear � �Whether her ex-teacher will be punished for those SMS�

Asked on 8/07/13, 6:44 pm

2 Answers from Attorneys

prasad patil

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dear client though he put allegations of sexual relationship with other man then also court will order maintenance for kids. he have to file custody petition to get the custody of kids and court will ask kids with whom they want to decide while deciding custody petition. for any legal help call me on 9422611385

ADV PRASAD PATIL

Answered on 8/07/13, 8:32 pm

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