Domestic violence during pregnancy & demanding child

589 votes

I understand that this is a difficult situation for you, and I’ll provide some guidance based on the information you've shared. Given the physical abuse, threats, and the well-being of your child, here are some steps you can consider taking legally: 1. File a Domestic Violence (DV) Complaint: Given the history of abuse, you can file a complaint under the Protection of Women from Domestic Violence Act, 2005. This Act offers protection to women who face abuse in their marital homes. The court can issue protection orders, residence orders, and monetary relief for you and your child. 2. File for Maintenance: Since your father is currently covering your expenses, you may consider filing for maintenance under Section 125 of the Criminal Procedure Code. This would require your husband to provide financial support for you and your child, given his legal responsibility. 3. Child Custody: Since your husband is now asking for custody, you may want to file for custody under the Hindu Minority and Guardianship Act or the Guardians and Wards Act. Courts generally prioritize the child’s welfare and safety when making custody decisions, and they would consider the history of abuse as an important factor. 4. Evidence: You mentioned having call records and photo evidence of bruises, as well as witnesses. This documentation will be valuable to support your case in court. It’s crucial to keep all these pieces of evidence safe and organized. 5. Consult a Family Lawyer: It’s important to consult with a family lawyer who can guide you on the best course of action. They can help you file the necessary complaints, represent you in court, and ensure your and your child’s rights are protected.

Advocate Kiran Ashok Gangurde LawRato

696 votes

You must approach the Police and lodge an FIR against your husband and in-laws. Further, you must approach the Court seeking maintenance from your husband for yourself and your child. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

669 votes

Well, if the Child is Minor, then, the Custody of the Child usually remains with the Mother. However, there are certain exceptions which also exist. If the Wife remains engaged into Adultery, then, if such Adultery of Wife gets proven by the Husband before the Family Court, then, in such a case, Custody of Child goes to Father.

Advocate Pankaj Bajaj LawRato

588 votes

Under the Bharatiya Nyaya Sanhita (BNS) Act, 2023, and the Protection of Women from Domestic Violence Act, 2005, you have legal grounds to address the abuse and threats you have faced. You can file a police complaint The Domestic Violence Act allows you to seek protection orders to prevent your husband from approaching you or your child, residence orders to ensure safe housing, and financial relief for essential expenses. You may approach a Protection Officer or a Magistrate to file a complaint, supported by evidence like call records and photographs of the bruises.

Advocate Rohan Venkatesh Yemul LawRato

947 votes

Well, you can file a Petition in High Court, that, the Child Custody has to remain with you, considering the future of child is not safe with the Father, due to several reasons, considering which, Court will allow you to keep the child with you

Advocate Pankaj Bajaj LawRato