Divorce is not favored or encouraged, and is permitted only for grave reasons.
Under the Hindu Marriage Act, 1955 both the husband and the wife have been given aright to get their marriage dissolved by a decree of divorce on more than one grounds specifically enumerated in Section 13.Denying sex to husband /wife without any specific reason is cruelty and ground for divorce.
From your words some of the grounds are lime lighted for the essential grounds for getting a divorce.
1. Adultery – as alleged
2. Impotency – as alleged
3. Harassments from the in-laws
4. Co-habitation not done repeated demands
Acts of cruelty are behavioral manifestations stimulated by different factors in the life of spouses, and their surroundings and therefore, each case has to be decided on the basis of its own set of facts. Mental cruelty can consist of unusually callous, neglectful and deliberately harass conduct, false accusation of adultery or unchastity, false charge of impotency, undue familiarity with third person, deprivation of property, drunkenness, false criminal charge by one spouse against the other, reprehensible conduct, refusal to have marital intercourse, refusal to consummate marriage, communication of disease, demand for dowry etc.Denial of sex is also considered as cruelty.
Guardian and wards card are empowered to determine the issue of child custody. Mothers and fathers both have a prominent role to play in supporting the growth and development of their children. The basic opinion of the child and the mother is highly ignored while determining the custody of the child. Family law courts generally base decisions on the best interests of the child or children (welfare of children), not always on the best arguments of each parent.
1. Permanent Custody
2. Interim Custody
3. Visitation Right
So file petition for divorce under the ground cruelty and petition for custody of child.