1)you can in divorce case filed by your husband seek custody of your son

2) welfare of child is paramount consideration

3)since child is 6 years old court would most probably award your son custody

I wonder why you did not do anything so long to get your children back.

Anyway if you want to meet the children only you can seek visitation rights of them in the divorce suit he files or is filing.

Otherwise you can file custody suit to get their custody back.

Your case for custody has good merit at-least for the one year old girl child.

The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute.In the proceedings related to custody and visitation rights of the minor children, the interest and welfare as well as the desire and decision of the minor children is of paramount concern and should not be based on the ego satisfaction of the warring parents.

You have to file a case for maintenance and custody of child. Separate petition is good .Also appear in divorce case. Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access

1. You can file the custody case seeking the custody of your son.

2. Child's custody will be decided by the Court while considering the welfare of the child as of paramount importance.

3. Simultaneously you can also file dowry harassment and DV case against your husband and seek maintenance for you, if you are not employed and for your daughter.

You are free to file a petition for guardianship and child custody of your son in the guardian court. Since your son has crossed the age of 5 years you are no longer the natural guardian of him, but this does not mean that you cannot get his custody. IN a dispute of child custody the paramount consideration for the court is the welfare of child. If you can prove that you are better placed than child's father to secure his welfare then you qualify to get the custody. The least you will get is visitation rights.

You can very well file a child custody case under Guardians and wards act and also can seek visitation rights to visit your child periodically as an interim relief.

If yo do not want to give him divorce, you can challenge the grounds and his case for divorce accordingly.