Yes you can get the same as you are the mother and child is minor 

You can seek sole custody of your daughter but your husband would get visitation rights 

you can  file for divorce on grounds of mental cruelty 

He needs to rover it in court after the complete divorce proceedings same can’t be used in custody unless proved in court 

If you have stayed in same room  with your lover in the hotel it is sufficient to prove adultery 

welfare of daughter is paramount consideration in custody cases 

Dear Madam,

You can just file multiple cases to pressurize him to agree for mutual divorce. Married women will be preferred to married men in getting divorce easily.  File divorce on the ground of incompatibility. Since your child is female so you will be having an edge to get the child. Also file domestic violence case against him and his family members.

1. Better to opt for Mutual Consent Divorce, which saves time and money.

2. By opting for MCD, the custody of your daughter can be mutually and amicably settled between you and your husband.

3.  Division of assets and alimony could be amicably settled by opting for MCD.

4.  These evidences, especially hotel room booking, may work against you, in case of divorce on the basis of Adultery ground.

Father  is entitled to full custody of child after the  child reaches age of five with visiting rights  to mother. This is general rule but in case of a daughter court will grant full custody to mother with visiting rights  to father when there is no elder woman in family father and mother  is better capable to up brining the daughter. As he is not ready you can file divorce  on the grounds mentioned. Defense of extramarital affair is not valid ground to deny you alimony and maintenance.

If the issues of mental torture by and incompatibility with your husband continue, you may very well file for divorce and seek the custody of the child. You need not worry about his proving the case of any adultery against you. You only need to focus on your life and that of your child at this point.

Yes, you can file for divorce under the ground of cruelty and incompatibility. Even if your husband has evidence of an extra-marital affair, child custody is decided based on the welfare and best interest of the child, not just the character of the parent.

As the mother, especially of a 5-year-old, you generally have a strong case for custody under Hindu law, unless proven unfit as a parent. Your husband may use the adultery evidence in court, but it does not automatically disqualify you from getting custody.

You should consult a family lawyer in Bengaluru to file a divorce petition and seek interim custody of your daughter.

If he persists with his ill treatment, lodge a complaint with the women's police station having jurisdiction over your area. Leave the place with your child and live somewhere safe. Move for divorce without delay by engaging a competent, reliable lawyer.

. 

You are at liberty to leave the matrimonial home with your child 

file police complaint against your abusive husband 

He can’t forcibile keep you. You can call police if he is confining you

In respect of a girl child the court will always favour the mother for custody.

Adultery is a ground for divorce, but it doesn't automatically disqualify a mother from caring for her daughter 

The primary concern in child custody cases is the best interests of the child

3) The Bombay High Court has ruled that adultery cannot be a ground to deny child custody, even if it's a ground for divorce. The court emphasized that being a "not a good wife" does not necessarily mean a parent is a "not a good mother

1. Divorce in Your Case
   Mental cruelty on the part of the husband is a good ground for divorce under the Hindu Marriage Act, 1955. As you have suffered mental torture for 8 years, you can seek divorce on this ground. Your extramarital affair, though mentioned by your husband, is not a criminal act (adultery was legalized in India in 2018) but can be used as a reason for divorce. It will not exclude you from divorce.
   
   2. Child Custody Issues
   As your daughter is 5 years old, courts always like to give custody to the mother unless there are serious circumstances impairing the well-being of the child. Significantly, adultery or marital infidelity by a parent alone does not bar them from obtaining custody. Courts are most concerned with the child's well-being and whether or not the parent can ensure the child a secure and loving home. The court will take into account factors such as your capability to take care of the child, the child's ease and overall well-being and not your moral evaluation of your own personal life.
   
   3. Regarding the Evidence of Adultery
   Chats, pictures, and hotel bookings can be used as circumstantial evidence of adultery, but adultery is no longer a criminal act. It can be considered as a reason for divorce but won't necessarily impact the custody rights unless it damages the welfare of the child. Your husband can attempt to bring this evidence before the court, but the court will distinguish between the issues of adultery and custody.
   
   4. Removing the Child from the Home of the Marital Couple
   If you are being mentally tortured and your husband is not permitting you to go out, you can take refuge under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), where you can obtain protection orders and residence orders so that you remain safe. You can go to the police or a women's helpline for instant help and protection. Legally speaking, you can't simply go out of the house with the child without a court order or informing her or him because the two parents equally have rights to the child. But your daughter being less than 7, courts would predominantly give the mother custody. To prevent legal issues, approach the family court and file a petition for custody and protection orders prior to moving out. In case you move out without notice, your husband may accuse you of kidnapping, which will create problems.
   
   5. Practically How to Proceed
   File a divorce petition on the grounds of cruelty in the family court. At the same time, file a custody petition for your daughter, highlighting her well-being and your capability to take care of her. File a case under the Protection of Women from Domestic Violence Act to obtain protection orders for harassment and mental torture by your husband. Approach local women's helplines or NGOs for immediate protection and legal assistance. Do not confront or leave the house suddenly without legal protection to avoid charges of kidnapping or contempt of court.
2. Dealing with Your Fear That Husband Will Contact the Other Man
   Your husband will attempt to get the other man into court for proving adultery, but this will not impact your rights to custody except that it has been proven that your relationship is detrimental to the welfare of the child. Emphasize your case on your mental torture and your capacity to provide a secure environment to your daughter.

1. If you are confined to a place by force, you can call Police helpline and get yourself free.

2.  If you just leave home with the child when he's not around, he may lodge a missing complaint in the Police Station.

3.  To prove adultery in the Court, your husband may make the other guy also as a party to the case and press for the custody of the daughter.

You can file contested divorce case without waiting for his nod for divorce. 

You may have to prove the grounds for divorce what you rely upon.

If cruelty is the ground for divorce you must be able to prove them before court.

As far as child custody is concerned you may have to file a child custody petition under guardians and wards act for sole custody

The evidences in his possession no doubt are not sufficient to prove the acts of adultery except hotel booking and staying there over night.

You can challenge the same on merits

You can very well leave the house with the child during his absence.

You can get rid of him by staying separately in a different location.

Even if he is able to locate your address, you don't give the child to him under any pressure, ask him to go to court and get order in this regard.

The court will not grant custody without hearing you if at all he files a child custody case. 

Whether he has number of that guy or not, your husband cannot just like that call him to court for the purpose of proving the acts of adultery.

Your paramour can refuse to even talk to your husband.

Your husband cannot do anything about it when your paramour is refusing to entertain your husband's call.

The court also will not summon the adulterer because the person relying upon this allegation has to implead him as a party in the main case and if the adulterer do not appear before the court even after receiving the summons then the court cannot force him 

However even if your husband is able to prove the acts of adultery, the court cannot  decide about giving sole custody to him for various reasons.

It’s very difficult to prove adultery in court you can do effective cross examination in court to disprove him

• Yes, you can leave the house with your child for safety, especially if there is mental harassment.

  • Before leaving, file a police diary entry/complaint stating domestic cruelty and fear for safety.

  • Take key documents (your ID, child’s ID, certificates, medical reports if any).

• Child Custody: Even if he proves adultery, courts decide custody based on the child’s welfare, not your past relationship. You will still have a strong chance of getting custody as the mother of a young child.

• Legal Action:

  • File for Divorce under cruelty (HMA Sec 13)

  • File for Domestic Violence protection (PWDVA)

  • Seek interim custody and residence order

• Safety: If urgent, contact women’s helpline 1091 or nearest police station.

Living in adultery is valid ground for denying custody of child, particularly the girl child, but there are ways to obtain custody of child in such situation. 

-  As per law, even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

- The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered.

- Hence, being mother of baby child, you are the only & fit to get full custody legally. 

- Further, if he is not ready for divorce then you can file a contested divorce case before the family Court on the ground of cruelty and false allegation 

- Further, he cannot take any legal action against you for the said affairs , except that he can take divorce on this ground. 

- You can contact me, if  further suggestions needed.