File for divorce by mutual consent 

2) obtain sole custody of your children 

3) ask husband to execute gift deed of house in your possession and repay the loan 

5) take monthly maintenance instead of Rs 5 lakhs offered by him 

Hello, 

Mutual divorce is the best way but I do not think that 5 Lakh will be a good amount, considering the fat that you have to take care of children also. Better that you go to the court and file a case to claim alimony 

After the divorce, you two may re marry. 

Custody and everything will have to be decided the mutual consent divorce only. 

If the case is filed in the court then The court will considered the welfare of the child while deciding the custody 

You will continue to get child custody maintenance but your husband can deny your maintenance after your remarriage

if you want to remain in the matrimonial relationship, then, 

try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,

and,

if you want to terminate the matrimonial knot, then,

try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish or can remarry,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you are advised to file/claim

498a complaint (for causing mental, emotional, physical and monetary abuse, etc) 

Domestic Violence case (you have rights to claim residence, protection, compensation, etc

maintenance case,

if you do not want to opt the divorce presently, you can ask for judicial separation also, 

Call/mail for a detailed discussion/understanding

Dear 

You can go for mutual divorce and simultaneously file maintenance case on behalf for your children which your husband can't deny even in case of mutual consent divorce. But if you remarry after divorce then you can't claim monthly maintenance after date of remarriage but your children maintenance will remain continued.

So if you are planning to remarry then go for lumpsum amount in mutual consent divorce.

Also if he is giving you possession of house and car then ask him to pay the loan EMI's 

You don’t lose custody of children on remarriage 

2) husband continues to remain liable to pay maintenance for children on your remarriage as he is biological father of child 

See it would be better if you both divorce mutually so that you can look forward for remaining life peacefully, you can take house car and you can bargain on some more amount for children maintenance, contesting in court will take long and both the parties suffer pain through the process. 

See you can take children custody and their monthly maintenance , and you and your husband are free to remarry new partners if you wish. Further you can have sole or shared child custody with the husband as per your wish.

Custody will rest with you and visitation right husband + maintenance.

You can jointly with your husband move the court for divorce by mutual consent but before execute an MOU, The amount must be mentioned in both the petition and memorandum of understanding. The alimony money should be deposited at once when the final decree of divorce is obtained. 

After the dissolution of a marriage, custody of a child can be given as Joint Physical Custody. Both parents will have legal custody, but one will have the physical custody (child resides with him or her) and will be the child's primary caretaker.

Since you have already filed a divorce case you may simultaneously file a dv case and ask for compensation to the extent you propose to claim.

If he agrees for mutual consent divorce then you ask him to register a property to your children name besides a hefty one time settlement.

If you are employed or getting remarried then you may not be eligible for monthly maintenance.

If he remarries then you can refuse your children custody to him on the same grounds.

1. As per the information mentioned in the present query, makes it clear that now living with the person like him is not worthy at all for you.
2. It depends upon the fact as to what exactly you want, he is ready to give you the house etc. and also some amount of alimony.
3. If you want to go for the mutual one then you can talk about the children Custody also plus the amount of alimony.
4. But, if you wish to go for the adultery as a ground against him then you would be getting more alimony and maintenance for your children too, but it just that it will take some more time than mutual and neither of you can get married till the conclusion of the divorce petition.