Custody of child

Sir, My wife has made an allegation of strangulation against me. I was arrested . However, the police & medical report said • No injury report is found in the case diary • The medical papers does not contain any element of strangulation Thus I got bail within 10 days. Now , I have filed a case for custody of my son. My wife has repeatedly written in her statement that the father is not eligible for custody of his son because the father has a criminal background. Since welfare of the child is of paramount importance and there is a breach of moral turpitude on the part of the father, the father cannot be granted custody of his son. The police has not submitted the charge sheet. However, the investigating officer has said that he will retain the charge of strangulation in the charge sheet on the basis of witness. I must confess that I never tried to strangulate my wife. When the witness will be cross examined it will proved. But by that time I will loose my son Under the above circumstances, am I eligible to get custody of my son on this aspect alone. If not what is the remedy? Shyamal