Child Custody and domestic violence

Dear Client,
I understand the difficulties you are facing, and I am here to help you navigate through this challenging situation. Based on your description, you have several legal remedies available under Indian law to address domestic violence and child custody issues.
First, regarding domestic violence, you can file a complaint under the Protection of Women from Domestic Violence Act, 2005. This Act provides for various reliefs, including protection orders, residence orders, monetary relief, and custody orders. Since you have already approached the Women Police Station and they advised settlement through court, you can file a domestic violence case in the appropriate court seeking protection orders and custody of your children.
For child custody, you can file a petition under the Guardians and Wards Act, 1890, in the family court. The court considers the best interests of the children when deciding custody matters. Given your husband’s history of domestic violence and the fact that you are a school teacher capable of providing a stable environment for your children, you have a strong case for custody.
Additionally, the court can address the issue of the false character allegations and the financial burdens your husband has placed on you, including the PMEGP loan. The court may also consider his inability to pay the housing loan and his conduct towards you and your children.
Since your husband is willing to divorce you but not willing to give you custody, it is crucial to seek legal assistance from a family law advocate who can guide you through the process and represent your interests in court. The court can grant you custody, alimony, and child support, ensuring your and your children’s well-being.

I recommend documenting all instances of domestic violence and any communications with your husband regarding the children and financial matters. This documentation will be helpful in court.