Legal Question in Family Law in India

One by one. On the basis of proofs / evidence you have on his adultery, you may file a case for divorce on the grounds of cruelty and adultery. the ground of adultery is the most difficult to substantiate in the court, but, you mentioned that you lots of proof. Another precaution for adultery, that, you will have to make the other woman also a party in the divorce suit. But, the ground of cruelty does not need the other woman as a party to the proceedings. so, if you combine cruelty and adultery as two grounds for divorce, you will have to make husband and the woman as party to the proceedings.

Any mother is entitled to retain the custody, in default, till the five years of age of child. In your case because of typical character of Husband, you surely can convence the court that welfare of the child lies in your hands only. Husband habit of watching pornos will have a bad impact on the growing child - a very strong point for permanent custody. His not taking care of the child is an additional advantage for the custody in your favour.

For alimony and compensation, not only that you would be entitled to interim maintainance, permanent alimony but you are entitled to compensation and right of residence under the Domestic Violence Act.

However, you must talk it out and see if he could mend himself and marriage could be saved. In case, he is rigid to his habits and you come to conclusion that marriage cannot be saved or under the circumstances you even do not want to save it, then, one option is mutual settlement and ask for what all you want. In case he does not agree, legal action is your cup of tea. Good luck and all the best.

I agree. However, since you do not have any proof of his extra marital relationship, it may not be proper to level such allegations. Watching porno movie in his room may be no offence. You need to keep your cool and consider your options carefully.