@vm,
In your query, your craving to have children with you is palpable rather than your longing to have companionship of your quite often drunken husband or his tantrums in his drunken stupor. Dealing with your husband and his drinking habits and violent behaviour against you during that period require enoromous medical counselling and lengthy psychological treatment coupled with his strong will power to come out of the grip of this vice. So, I leave it like that and if he likes to go to such treatment you can assist him, otherwise you can do nothing about it. But your other problems have got legal remedies and those too very simple and also you get quick remedies.
As there is no dearth of finances, you take a small house on rent, nearer to your office or your children's school. Then, you file a domestic violence case before the Metropolitan Magistrate against your husband seeking only protection orders. You need not to seek residential rights, as you are now not in the mood to go to the house where he is living now, because during his drunken bouts, he becomes violent harmin you physically. Once you rent a house on your own name, you can file domestic violence case seeking protection orders. Now, I address your main problem. In this very domestic violence petition, you can seek the custody of your children. The court will grant the same. Both protection order as well as children custody can be sought as interim relief by moving appropriate interim relief application in main domestic violence case. In the protection order, you can seek protection of yourself and your children (after giving custody to you) from any interference from your husband. Once you file domestic violence case, you will get these two reliefs and as you are financially independent, you can proceed so. Once you file this domestic violence case, at your insistence, the court will mediate between your husband and you to settle the problem amicably. If he does not show any willingness to mend himself, the case will proceed further and your will get interim relief of protection as well as custody of children. There is a likelihood that once you file domestic violence case, the relationship between your husband and you may sour further and he may as a retaliation take steps to file divorce suit or severe relationship. Then, it is upto you to what extent you can go to have the custody of your children and a life free from physical abuses from inebriated husband or to go back to him to live the life which you are living hitherto, but in the company of your children. The court has got the power to provide any of these two reliefs under domestic violence Act.
