1.My husband& I separated just a month before. We were living together in Ahmedabad & my daughter was with my mother in law. He has kept her there 2.5 years before by giving excuse of insecurity of his job. I was telling him again& again to bring my daughter with us but he was not bringing.
My daughter's age is10 years& as I hv described earlier she is living with my mom in law for last 2.5 years& is in complete control of her. What if she refuses to come with me. So how much chances I hv to get her custody.
The reason that he daughter is living with somebody other than her father itself shall constitute a strong ground for seeking custody of child. Your in laws are third parties especially when the parents are alive, so you may file a child custody case on this ground too besides making pleadings on other genuine grounds/reasons. The child is a minor and her refusal to accompany you shall not make the court to allow her to live with her grandparents if you have proved that your husband is not living with the child to give proper care. Once the court is passing an order to keep the child in your custody, you can enforce the order by bringing the child back to your home. The child is a minor and ha no choice to decide anything in this regard on her own.
2.I am M.A., B.Ed & working as a teacher in a private school & was earning around14,000 per month in Ahmedabad but since Bardoli is a small town schools are paying poorly, so I am not working here& in big cities I can't afford living costs.
The question is not about your employment, it is about your child custody. If you re not employed you may seek maintenance from your husband as advised earlier.
3.My husband has planned everything before so he was torturing me one or another way& I was even upset & under depression because of loneliness.
You can also challenge all his moves by making perfect counter plans and thwart all his designs.