Legal Question in Family Law in India

Re: Marraige

you can file a complaint u/s 125 of criminal procedure code on your and your son's behalf and claim maintenance. you may also move an interim application so you keep getting maintenance during pendency of your complaint. you may also claim custody through court by filing a complaint under domestic violence act.

Re: Marraige

you can claim maintainec under section 125 Cr p.C you can claim and get custody of thechild

Re: Marraige

Polygamy: governed by classical law, however Indian Criminal Procedure Code provides that a woman refusing to live with her husband on just grounds is still entitled to maintenance

It is for the husband to prove that his subsequent marriage did not constitute insult or cruelty to first wife, and court shouldn't enforce restitution of conjugal rights under such circumstances.

Post-Divorce Maintenance/Financial Arrangements: came under sections 125-128 of Criminal Procedure Code which provides that dependants (including divorces) unable to support themselves are entitled to maintenance; after 1986 Muslim Women (Protection of Rights on Divorce) Act, Muslims do not necessarily come under the ambit of the Criminal Procedure Code (unless they choose to be governed by it), rather, under new Act, obligation of Muslim husband to provide his former wife with "reasonable and fair provision and maintenance to be made and paid to her within the idda period by her former husband" is affirmed; that would confine former husband's maintenance obligations to his ex-wife's ,idda period; ruling has since been confirmed by large number of judgments

Child Custody: general rule is that divorce is entitled to custody of children until age of 7 for males (classical Hanafi position) and puberty for females, subject to classical conditions, though there is some flexibility as ward's best interests are considered paramount under terms of Guardians and Wards Act 1890

Re: Marraige

(a) You are entitled to maintenance for yourself as also for your the child even without divorce also;

(b) In the event of divorce also, you may be entitled to custody of the child as also maintenance.

Re: Marraige

I agree with advocate Sudershan Goel. However it is not clear from your submission what you have done in last 4 years to solve the issue. You have to take position whether you should continue to wait in the hope that your husband will change or 4 years is enough to take final decision.