I'm 35 years old male. It was about 5 years ago, my colleague (Female, married, 35, working) was having a tough time with her husband. Her husband used to physically assault, abuse her. She was mentally preparing for a divorce. When she conveyed this to her husband, he said, he did not care. In that difficult phase, we both fell in love and eventually developed physical relation. 2 years later, she became pregnant (according to her it's by me and I also agree). At that time she used to stay with her husband. Now she has a baby girl (about 4 years). Since last 2.5 years, her husband has changed his attitude and does not want the divorce. But she is mentally prepared for the divorce as she does not love that person and many incompatibility issues. Since the time she got pregnant, they never had a physical relation. When ever she talks about divorce, her husband blackmails her by saying the he would commit suicide. He knows that he is the father of the child (but not sure if he actually loves the baby girl or not because at the time the girl was born, he and his family could not accept the girl child). Since very tender age , I've given the fatherly care and love to our daughter. I fulfilled all her needs as a father as her husband used to stay abroad and used to visit after 3 months. However, we want to marry each other and this she conveyed to her husband but still he is adamant. The problem is that, she has no feeling left for her husband and whenever they stayed together, there has always been some spat. We plan that after the divorce, we'll gradually tell him the truth. Having said all these, I've three queries:
1) Can the husband cause any legal harm to any of us with the stated situation?
2) How can she get the divorce ? Would it be difficult if the husband does not go for mutual divorce? She does not want anything from her husband.
3) Can the husband claim for the child's custody?
Thanks in advance.