queshow can i divorce my husband and get maintenance for me and my son?

i got married in ludhiana 4 and half yrs.back. now am back as my husband beats me
this was not the first time i came back to panchkula to my moms place now i filed a case against him in women cell in june first week. after a month till date my husband is coming here on his dates n actually enjoying his life and he says that you don't have any solid proof that i used to beat u. till date he hasn't gave any of my things even our son's things. now how to proceed? and what to do? i actually want to get rid of this man.

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    • ansTask of Woman cell is to encourage and try reconciliation between husband and wife, however in case he used to beat you and his attitude has not changed, then reconciliation is not an option, you must tell in-charge of woman cell to file a case/recommend FIR to concerned police station under sections 498A,406, 323, 3235 IPC and woman cell must ask your husband to return back your istridhan and dowry stuff including jewellery.

      You may alternately along with this perusing this FIR, file a case under domestic violence act and seek, maintenance for yourself & son, residence orders and orders to return all your stuff lying at his house.

      Also file an application under section 125 CRPC for maintenance fr yourself and ur son

      Thereafter you may file a petition for divorce, the proceedings will take time. Post domestic violence and 498A case, you may also enter into settlement for divorce by mutual consent.

      For more detailed advice you may also contact me.

      Advocate Vivek Nasa

        Gurgaon District Court, Gurgaon

    • File Mutual Consent Divorce @ Rs. 25,000/- only

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