My child is 16 months old I used to stay with my husband in Pune I have been a victim of domestic violence and abuse by my husband and his mother during pregnancy and after our daughter was born. Last incident that happened :- I was kicked and thrashed by my husband while my mother in law was holding me as I was trying to get my child and leave the house and return to my family, my child was snatched from me and I was told to go get a lawyer and my mother then only I can take my child and they told me they will keep the baby with their family, out of death fear I came back to my family. Now my husband is threatening / blackmailing me to come stay with him or else I will never see my daughter , please suggest what to do in this?
File police complaint against your husband for refusing to return your 16 month old child
police would help you in getting physical custody of your child
if police refuse file petition for sole custody of your child
File DV case seek alternative accommodation and maintenance from your husband
- You can file a complaint under the provision of Domestic Violence Act before the judicial magistrate against your husband and in-laws , and thereby you can claim maintenance and residential right from him.
- Further, you can also lodge a complaint against them before the CWC i.e. women cell for lodging an FIR
- As per law, you have right to claim custody of the minor child being the mother , and hence you can file a custody petition before the family Court for getting custody of the child.
You can approach the police with a criminal complaint against them for all the acts of cruelties meted out to you
If the police is refusing to get your child back to you, you can approach high court with a HCP and then convince the high court to instruct them to handover the child to you even though they may have periodical visitation rights to visit your child.
The child will remain with the mother till it turns 5 years old hence you can even approach the family court with a petition for child custody
Dear Client,
You can file a complaint against your husband and mother-in-law under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) and Section 498A of the Indian Penal Code (IPC). This law provides various forms of relief, including protection orders, residence orders, and custody orders for your child. You can seek immediate protection and ask the court to grant you custody of your daughter. The court can issue protection orders to prevent your husband and his family from contacting or harming you. You can request a residence order under the PWDVA to ensure that you have the right to reside in the shared household or seek alternative accommodation at your husband's expense. you can apply for temporary custody of your daughter. The court generally considers the welfare of the child as the primary factor in custody decisions. Given your allegations of abuse, the court is likely to prioritize your child’s safety and well-being, which could favour granting you custody. You are entitled to seek maintenance for yourself and your child under Section 125 of the Code of Criminal Procedure (CrPC) or under the PWDVA. The court can order your husband to provide financial support for you and your child. While the legal proceedings are ongoing, you can request interim relief from the court, such as interim custody of your child and financial support. Engage a family law advocate who can guide you through the legal process and help you file the necessary petitions and complaints.
File FIR. Safety and daughter custody both will ensure immediately.
1. For the sake of the child go to your husband.
2. Stay with him for some days. If everything becomes normal again then it is good for you.
3. If nothing normalises then you can consider coming back to your parental home again and if the child wants to remain with you then take her back.
3. To ensure that child remains with you , do not inform before leaving your parental home.
