father wants child custody when mother is characterless

Mahesh Agrahari (Querist) 05 July 2009 This query is : Resolved
Hi, My wife ran from matrimonial house 9 months ago and took the kid (2 yr old daughter) with her. She had run away with her boyfriend. Ever since she was threatening for 498a so I did not go to visit my child.

She had tried for abortion when conceived because she wanted to do job, she left the child with her parents for sake of job when we were togather despite my objection, now during separation also she has left the child with her parents and working in a far off city. She does not meet with child for months.

After recent talks when she has been betrayed by her boyfriend, she has consented for mutually agreed divorce however not ready to give child to me.

Please let me know following-
1) What are chances for me to get the custody if I go to court
2) Can divorce case run in parallel of child custody and can divorce happen dispite child custody being contested?
3) Due to her bad character ( I have solid evidences) , can I get the custody..

I have now come out of any fears of 498a etc and I ready to go any extent to fight for the custody.

Please help an aggrieved father.

Thanks

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SANJAY DIXIT (Expert) 05 July 2009
Dear Mag,
Generally the custody of child below 5 years age remains with mother. But in your case wife has left the child with her parents and you have also sufficient proves of her adulterous life, so go ahead for the future and welfare of the child. The paramount consideration of the court is welfare of the child in such type of cases.
1) Almost full chances.
2) Yes
3) Yes

PALNITKAR V.V. (Expert) 05 July 2009
Mr. Dixit has given elaborate reply. I may add that despite all things in your favour, you have to also to show that you can look after the welfare of the child in a more better manner.

Manish Raghav (Expert) 06 July 2009
Dear Mag
the above expert have given you a elaborate reply. in addition to it you have to prove that the para mount interest and welfare of the child is in your custody.