File petition for divorce in Muzaffarpur or in Pune, where you are residing 

seek sole custody of your son

seek interim Maintenance from your husband for yourself, and child

Seek permanent Alimonyfrom the husband

You can file for divorce in Pune, as you are currently residing there, making it a valid jurisdiction. For child custody, you will need to file the case in Muzaffarpur since your son is currently living there with your in-laws. Additionally, you have the option to file multiple cases, such as a Domestic Violence case, maintenance under Section 125 of CrPC, and a complaint under Section 498A, all in Pune. These cases will address the mental harassment, financial support, and any other grievances you may have. egarding the flat, do not sign any documents relinquishing your rights without ensuring a proper financial settlement. It is crucial to consult a lawyer who can help draft the divorce petition, address property and financial claims, and guide you on filing for child custody effectively. Schedule a consultation to discuss all aspects of your case in detail.

please let me if you require any further assistance

Hi 

Legally you can file child custody where the kids living... 

For divorce you can file case where you are living 

Better to do step by step start from child custody... If you file divorce first, will not be a positive way.. 

Let me know if you need consulting.. 

Child custody has to be filed at the place where the child resides.

Matrimonial cases can be filed at the place where you reside.

G.Rajaganapathy

Advocate

High Court of Madras

As Hindu marriage Act, you can file divorce petition either at the place where marriage was performed, or where you and your husband resided together as husband and wife or where your husband resides. In given circumstances you can file divorce petition in muzzafarpur where your marriage was performed. 

You can file a DV and divorce along with custody petition where you are staying after separation.

Dear Client,
Under your daily intention to approach the court for divorce and custody under Indian law, you might have to file a petition in the jurisdiction named as per Section 19 of the Hindu Marriage Act 1955 where either of the partners lives, or the marriage is solemnized.

Now, for your case: Muzaffarpur-the marriage took place in Muzaffarpur and on these grounds, it would be right to file for divorce at the family court in Muzaffarpur.
Pune-the matter can also be filed in the family court in Pune as you happened to be residing there now.
Bangalore-For disputes dealing with property regarding the flat and joint loans, you might have to think about Bangalore jurisdiction which will matter solely in case of property disputes. This is based on the facts of the case.

For your custody, however, the petition has to be filed in the jurisdiction in which the child is now residing, i.e., Muzaffarpur as now the child is residing with your in-laws.

I hope this answers your query. Do let us know if there is anything else we could clarify or if any further questions arise.

You can file the divorce case either in Pune or Muzaffarpur but since the child is at Muzaffarpur, it would be advisable to file the child custody case at the place where the child is residing.

As your husband is living abroad and the 3 years old child is living with the third person, i.e., grandparents, you may approach police and with their protection you can barge into their house without their knowledge and snatch the child from them, they cannot legally object to this because you are the biological mother of the infant child.

If they still resist then you can file a HCP before high court and seek direction to them to produce the child before court 

You need to take action as per law and tht too immediately without any delay in order to protect your interests. 

1. File the divorce suit and also the petition praying for custody of child.

2. You can also file a maintenance suit against him praying for maintenance of yourself and your child.

3. You can file the cases at the place where you had married him or where you two last resided together or where you are presently residing.

- Your written submissions are showing that you are subjected to cruelty from your husband 

- Hence, you should know, that legally you are having following right  :-

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

1. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

1. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty.

- Further , being the mother you have first right over the son and hence you can file a custody petition before the Court for getting custody and alimony etc. 

You can contact me, if further suggestion needed. 

I'm sorry to hear about the difficulties you're facing. When considering filing for divorce and custody, it's important to understand where you can legally file your petitions. In India, a divorce petition can typically be filed in one of the following places:

1. Where you got married: Since you were married in Muzaffarpur, you can file for divorce there.

2. Where you and your husband last lived together: If there was a different location where you both lived together as husband and wife other than Muzaffarpur, you can also file for divorce there.

3. Where your husband currently resides: As your husband is currently in the UK, you can also initiate divorce proceedings there, but this might involve complex international legal procedures.

4. Where you currently reside: Since you are currently living in Pune, you can file for divorce in Pune as well.

Given your circumstances, filing in Pune might be the most practical option for you since you reside there. This can make the process easier for you in terms of attending court hearings and managing legal consultations. Also, since your son is currently with your in-laws in Muzaffarpur, you might consider also filing a custody petition in Muzaffarpur, as the court there might have jurisdiction over matters concerning your son's current living situation.

Here are a few steps you should consider:

• Consult a Lawyer: It is crucial to get legal advice tailored to your situation. A lawyer specializing in family law can guide you on the best course of action, help you prepare the necessary documents, and represent you in court.

• Documentation: Gather all relevant documents such as marriage certificates, evidence of the abuse (if any), proof of your economic contributions to the marriage, and any correspondence between you and your husband regarding your disputes.

• Custody and Child's Welfare: As part of the divorce proceedings, you can file for child custody. The court's primary concern will be the welfare of your child, and they will consider which parent can provide a more stable and supportive environment for the child.

• Financial Settlements: Considering the joint property and financial aspects, it's important that your rights are protected, especially regarding the flat for which you are the primary applicant. Your lawyer can help you negotiate a fair financial settlement or present your case to the court.

It's a challenging time, but taking the right legal steps will help you protect your interests and your child's well-being.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. “Family Court, Husseny Building, 89, 107/2, Nayamurty Randy Path, Topkhana, Shivaji Nagar, Pune-411005, if you reside at Pune proper, your place of residence will determine Court jurisdiction.
2. Single mother can successfully bring up a child. There is no doubt about that. But under HAMA, a father  is entitled for full custody of child above 5 years of age with vising rights  to mother, this the  general rule but there are exceptions to that. He will not take the  burden of keeping a kid with him, he only taking disadvantage of your attachment to the  kid and blackmailing you. Just as tactic let him know that you don’t bother about the  kid, he will let you keep the  
3. Flat belongs to you don’t let him have it.

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 
8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son/daughter.

File it in Pune, as you are currently based out of Pune. As per Hindu Marriage Act, your divorce case is maintainable to be heard by the Family Court in Pune. Courts in UK do not have jurisdiction in the matter.

To seek the custody of your son, initiate parallel proceedings. This could be a habeas corpus petition or a petition seeking custody. 

Make a move expeditiously!