Legal Question in Family Law in India

I am feeling very bad for my friend considering his situation I m posting this can anyone help me find a solution for his problems :-

My friends were in a living relationship since 2016 and were planing to get married in this year 2018 since he was 20 and she 19 and he would only be 21 years old by 2017 October

Basically there life took a turn and the she became pregnant so they planned to keep the baby , but considering and comparing to any pregnant women she was very careless . She used to drink a lot , smoke a lot and many other things but the guy was a hard worker and did everything to keep her and the new born baby fit .finaly the baby was born last year ie; 2017 ,but it was a dry labour cauz her water broke and she was drunk and high the previous and was not in a conscious state to inform the guy who was at work that her water broke

Wen he came home after work he notice fluids and decided to take her to the hospital by which it was almost 7hrs from her breakage

Finally the baby was born

It was a boy that was born

Thank fully the baby didn't have any major physical or mental issues cause of her negligence

Later after three days from the baby was born she stopped breast feeding the baby cauz she wanted to smoke and drink and go out and this would not be possible if she was breast feeding him .... She was not responsible and was negligent inlooking after the baby , due to which he had to face a lot of problems in the family ,

He had to quit his job and had to work from home while taking care of the baby and her , all she wanted was to do is smoke drink go out partying and live a luxurious life,

Time passes and The baby turned 2 1/2 months old and was having slight fever and was crying. Lot cauz she being the mother was not around him that night and has not return home even after midnight. She was not responding to his calls also

Finally he got a call from a friend of our met her with a stranger around the age of 35+ at a club and wer involved in a fight ,this was strange thing to him that she was out with this stranger at this time of the night she left baby with his great grandmother and went to the spot wer she was basically he was shocked she her there getting drunk and being with this stranger he has never met

Wen he asked bout wat had happened his friends and a few other told him that she was drunk in the club and was causing trouble to others and this led to a fight

He started noticing her and after further investigation he caught her red handed found out that since the last 4 years she has been doing PROSTITUION since she taught that it's an easier way to make money ... He asked her to quit wat she is doing and start take car of the baby days passed and there life changed one fine day she said she wanted a break from him and would take baby's custody every 4days till the time everything was sorted but now since she was a women and would end up having no place to go

He with her decision took baby to his parents and let her keep all the house and all the thinks in it

..but since she never looked back after 4days he took baby to her but she fought and pushed him out of the hous wer he would have ended loosing his sons life

Later the landlord started complaining that there are a lot of stranger coming home to visit herand are disturbing the neighbours and one fine day wen he asked her bout this over the call there was another stranger with her at his place wer she was staying

This stanger took the phone and threatened him to stay away from her or else he would cause harm to my friend and his family on the call

My friend immediately informed her parents and arranged a meeting between both there families and he explained to her father wat had happened

And then it was decided by there parents to let my friends to decide bout there life

cause there were responsible for there own actions

My friend decided and answered that " if she would stop what she is doing and would turned out as a responsible mother then in this case he would wait till the time she would return

BUT Her decision was that she would not stop wat she is doing cause she is happy doing it and she would not wanna be with him cause now that he know the truth it would be a problem for her to continue as he's around and that he could keep the baby since baby is attached to him and would do things for the baby and visit the baby every weekend. He let her keep the house and the things in it .and left to his to parents place with the baby . Days and weeks and months passed but she never showed up to see the baby , she was living the way she wanted and got into multiple relationship in a short time , ppl started coming home regularly and the land lord complained to me and warned them multiple time that she would have to shift from there

During this while they caused a lot of damage in the house and I lost the deposit money

She had to shift and was broke since she had already spend all the money on drink. Smokin partying and spending on friends rather than doing something for baby or saving that money for future use ,

Without his knowledge she sold the gold that belonged to the baby which he left forgot to carry while living the house . Finally she shifted from there to a new place and still was doing the same old work . And she got into another relationship and started living in with another guy at her new house she spend all the money on new bed and herself partying drinking smoking etc and one fine day they had to shift once again due to the same issue has she created before in the old house while shifting she sold almost all the expensive things in the house for cheap price cauz she got sick and was not able to do the work and had no money for food

And then shifted to her bfs place lived with him for continued wat she was doing

After a while she had to leave from there And had to ask everyone's of her friends including me and at last she went to my friend and told him that her condition is bad also told him that she has no money And That she is hungry and has not eaten anything from 2days except for water from the hotels around her

He asked her to come home provided her food and allowed her to take some rest and asked her spend a while with baby ....and the baby dint want to go to heron the start cause she never visited him in 9months after she left .. After a while she wanted To go back but my didn't have money so my friend dropped her and asked her wether she wanted to stay at his place and she replied no and that she is going to her friends place for a while a would go to her grandmothers place at night and he dropped her wer she asked him to and she just walked to straight toward the other side of the road and vanished between the people walking by . Meanwhile he tried his best to talk and tell her things and asked her if she wants to get back to him ,she said no and then next day we visited her grandmother and after he told her that they were at her grand mothers place and wanted her to come down so she went there and he asked her wer she was last night

She said that she was sleeping the park the whole night cause everyone shut there doors at her

He asked her to be there for there sons first bday

She said that she would come for his bday and that she has left everything and everyone and is now alone

He told her to come for his sons birthday and asked her to get back to him and asked her to start up fresh from that day on

She said that she would be there BUT NEVER SHOWED UP AND HAD GONE BACK TO HER OTHER BF AND started staying at his place and got back to what she was doing before and once again as she got money she spend it on her bf and after she was broke once again she was left out on the road helpless .. And now since the baby is growing up .... Things are getting more serious, and the she is not taking up a decision also my friend and his family is taking good care of his son and is treating the baby like a prince.but still as he grows up my friend doesn't want his son to loose a mother love ,and she asked him to find another mother for the baby get married to her . He tried his best but she was stuck to her decision and now my friend want to move on and have a good future for his son and he wanted to documentise everything in written with her and her parents signature of approval and wants to take complete custody of the baby

But HE IS UNABLE TO get in touch with her parents and she is playing a fool out of him and is postponing this procedure day after day and is now telling That she is his mother and he should not have any other mother than her and wants to keep baby with her cause she has no one to accompany her and also asked my friend to move on in life and get married to someone else but he wants to make sure about the babies future first and has no idea on what to do since they are not married

He is my best friend and he tells me everything and I could not See him sad anymore i wanna do or suggest him something to help him come out of this crises and smile once again in life

The question I want an answer for is

Can anyone tell me how to help or suggest him the best way for him to get custody of his son in such a situation ...?????

Above the thinks written is basically there entire relationship story . it IS very long I understand that and I apologies for the trouble but before that I would like all OF U TO UNDERSTAND there ENTIRE RELATIONSHIP STORY OF THERE LIFE AND HELP HIM WITH THE BEST SOLUTIONS POSSIBLE ......,,,!!!!!!

Expecting best solution to solve his problems

1 Answer from Attorneys

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