Child custody is most-sought after aspect of divorce, with each parent trying at their wits end to gain legal guardianship of their child. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Parental rights are the legal obligations and responsibilities that a parent has for their child. Failing to fulfill the needful duties result in child abuse or neglect, thereby terminating the parental rights legally. But neglecting duties in India is hardly a matter to be considered as enough for terminating parental rights. Termination can be voluntarily or involuntarily, and for various reasons. However, here our concern is to deal with parental rights after divorce.
As per the law until the child completes 5 years the mother has the every right to keep the child in her custody and it cannot be challenged unless there exists certain essential grounds which may affect the welfare of the child. The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria.
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
The entire above are leads to cruelty. 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
If you think to divorce then file a case for divorce under the ground cruelty.Other wise settle the matter amicably with the help of close relatives.And consult a marriage counselor or physcatrist