You can go ahead with the mutual consent divorce with the conditions that the child will remain with you under your sole custody permanently and he shall not be entitled for visitation rights also. 

If he is not agreeing to this condition then you can discard his proposal for mutual consent divorce. 

You can proceed with the pending contested divorce case. 

His habits of visiting brothel can be mentioned as cruelty and added to your contested divorce case. 

His bad habits can be highlighted in the child custody petition to show him in bad light to take advantage of his ill habits which may ruin the child's future, thus showcasing child's health as paramount, you can bring all his activities against you from the inception of marriage in order to hold your child back wit you.

You can by application convert existing divorce case into divorce by mutual consent 

2) consent terms should provide you will have sole custody of your child 

3)husband  can be awarded visitation rights 

4) no need to withdraw existing case only conversion application is necessary 

5) no need to file case of kidnapping of child or attempt to murder as no case is made out 

Hi, You will get the custody of the Child. Because, if the child is below 5 years, the court will grant custody to mother only. But you can't denied the visitation right. Husband will get visitation rights.

2.    You can withdraw the Non-Mutual consent divorce at any time. Ask your advocate to withdraw it by filling a memo. If you want to engage any other advocate then you can  ask your  present advocate to NOC. So that you can engage any other advocate of your choice.

3.   If you want to file a case against your husband attempt to murder then you can lodge police complaint.

You can proceed with mutual consent divorce on the condition that you will get a child custody without allowing him of any visitation rights which you can further  highlight his bad habits before court to restrain him from giving any rights to contact with a child in any circumstances.

1. Mutual Divorce Petition will be dismissed in default by the court if either spouse does not appear at second motion. You can also appear personally to withdraw your consent.

2. In order to get the custody of child you will have to file a petition for child custody in the court of Guardianship Judge. Ordinarily, the custody of a child is given to mother by courts unless there is evidence which would suggest that custody to mother will be antithetical to the welfare of child.

3. You are free to engage any other lawyer and you are also free to file for contested divorce on the ground of cruelty.

4. From the facts narrated by you, no case for attempt to murder is made out against him.

5. A parent cannot be prosecuted for the offence of abducting his child.

Firstly, you will have custody for 7 years and thereafter too as court always prefer to give custody to mother and when you are able to raise child independently it won't be the issue. 

Yes, you can put medicine as evidence and also file charges for abuse you 

If you are going for mutual divorce then make sure you put this thing that child will stay with you only.

Yes you can withdraw the case filed by you by filing withdrawal application. That criminal case can be filed separately. Yes it can be proof

if your husband is agreeable then you can add that petitioner no 1 will have no visitation rights for  child 

since petition is for divorce by mutual consent husband consent is necessary for not claiming visitation rights 

1. The 1st petitioner agrees to give custody to the 2nd petitioner but there is no mention in the petition that the 1st petitioner shall not claim visitation rights in the child anytime in future, hence you may add that 1st petitioner agrees  to relinquish his rights for visitation  rights too.

2. You should add that he has no visitation rights also on the child in future which will make sure that he wont disturb you and the child in the name of visitation rights in future.

You need to decide the same through court in above matter. Their discretion will be final

Unless he unconditionally submits to give up visitation rights citing convincing reason he will have visitation rights.

Regards 

G.Rajaganapathy 

High Court of Madras

Before the court decrees the mutual divorce petition it can be withdrawn or modified. So the clause you want can be added if your spouse agrees to it.