The case of rcr file by him will not help him. It is only for record purpose to establish that you are not living with you. I am forwarding provisions of law in your favor, you are educated lady make use of whatever is required by you You have many options. Law is in favor of women. He are doing this because you are tolerating it once you enforce your rights he will realize his mistakes and mend his ways. There is no possibility of he getting the custody of your son till he reaches five years.  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. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.
5. 
   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.
6. 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.
7. Hindu Minority and Guardianship Act, 1956: father is natural guarding of boy or girl. Till the age of five years, custody will be with mother with visiting rights to father and after 5 years it will be with father with visiting rights to mother.

Employed or not, he is bound to pay for maintenance of his son. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks. His son has right to share in his property.

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.

1. It appears that you did not gel well in your marriage.

2. You shall have to decide as to what do you want from this relationship.

3. If you want to terminate it, then you can file a divorce suit on the ground of cruelty.

4. You can file a DV case and seek maintenance for your child.

5. You can also lodge a police complaint u/s498A of IPC alleging dowry harassment against him.

6. Mother is the natural guardian of her child till she/he is 5 years old for which he won't be able to get custody of your child legally in near future.

Even after five years it is not necessary that Court will grant him custody of son. Court will decide the issue depending on circumstances after five years. There are many factors that go into the decision of the Court. Like the preference  of child, the conduct of husband whether it is friendly to the child, the present conduct like how much money he provided to the child and love and affection shown by him. All these factors will be considered by Court and only then a decision will be taken. Court may even refuse him custody depending on how your Advocate  presents your case. There are many cases where the Court has refused to grant custody to father.

1) Welfare of child is paramount consideration 

2) court generally awards custody of child to mother 

3) file for divorce on grounds of mental cruelty 

4) seek interim maintenance and alimony from husband 

5) also file case of dowry harassment against husband under section 498 A of IPC 

Seek sole custody of your child 

seek interim maintenance and alimony from husband 

1. After five years again he shall have to file a child custody application seeking custody of your child and you shall have enough scope to contest the application.

2. Child custody is awarded considering that welfare of the child is of paramount interest.

3. So, at that time i.e. after 5 years, he shall have to prove that welfare of your child will better lie with him.

4. You shall have top prove contrary to what he will claim as regards welfare of your child in his custody.

5. Your child's consent also will greatly matter while awarding custody.

6. However, he can apply for and avail visitation right to be awarded by the Court.

Dear Madam

To avoid maintenance to the child your husband falsely claiming child custody. You are advised to file maintenance case preferably under section 125 of CRPC for your child.

File a case seeking mainyenance. Let him respond to the Court. He cannot avoid his responsibility. 

Regards 

G.Rajaganapathy 

High Court of Madras 

He is liable to maintain you and the child.

In the restitution case that he has filed, file an application seeking interim maintenance.

He cannot forcefully snatch the custody of the child from you.

If you feel that this marriage is not going to work  and you cannot continue with this married life, you can decide about quitting this married life by filing a divorce petition on the grounds of  cruelty and desertion. 

You can file a maintenance case against him for which you do not need to take his permission. 

However please be aware that since you are employed and drawing a handsome salary, you may not become eligible for maintenance amount from him.

However you can file maintenance case for your minor child as the child's next friend and guardian.

Whether he can give maintenance for your child or not owing to his financial constraints and the loans  will be decided by court after he is filing his reply to your maintenance case against him.

You do not have to give the custody of your child to him on his demand, if at all he is  interested in child custody, let him file a child custody case and the court may decide on the basis of arguments from both the sides besides merits.

The child shall remain under the care and custody of the mother until it attains 5 years of age which is the provision of law. 

However if at all he is filing the child custody case after the child becomes 5 years old, you may challenge the case on merits and the grounds that you may rely upon based on the circumstances prevailing at that time. 

-  You defend RCR resttution for conjugal rights case.

-  File 498A and DP Act for dowry

-  You file DV+Maintenance+Residence. Its your rights. He have to pay maintenance for child even when you dont allow him to meet child. He will try to avoid to give saying he dont have money and have loans.

-  He will file Child custody. Now he cant get custody because in DV case he said he  dont have money and have loans.

- Legally , your husband is bond to give maintenance to you and kid , even he having loan , so for getting the same and also residential right you should file maintenance case of a compliant under the provision of DV Act .

- The Restitution case filed by him cannot force you to live with him , and even you can file the cases against him.

- Further , being mother of a baby , you can get the custody . 

You can still file the case for maintenance in above situation and he needs to pay the same 

All the dowry which you have given is part of the streedhan and he has to rerurn it when demanded by you. You should file a custody case against him. 

Maintenance can be demanded  by you.

Yes you may keep the baby. Mother has a preferential right over a small child and afterwards the child will choose to remain with you.

After going through your facts- 

1. You can file a seperate case for Dowry 

2  Another case for maintenance of child (not for yourself as you are working yourself) 

3. File for Divorce (That will give a reason why you don't want to restitution

4. Lastly for custody of child 

His Advocate may come with a reason that since you are earning and wants to keep the child, while your husband is not keeping well, then there is no point of divorce, in that case you need to put across that Fixed Deposit shall be made for kids future studies. 

In Case of dowry your depositions will be recorded and accordingly the case proceeds. 

Divorce case will free you from liabilities, your husband carries, suppose he dies and as per records you are his legal heir then all the liabilities to pay back loan will come on you and your kid (again Guardian being you).

Dear Maam,

1) You can file case for maintenance under sec 125 Crpc, for yourself and also for the kid. You can file suit for custody of child as well

.2) If you wish to live separately you can file suit for judicial separation or under DV act  and ask for residence order as well.

3) The court in custody case  generally decide in favor of mother if the child is below five years of age, the mother has superior rights.

4) You can file dowry complaint against husband, if you have proof of the same. 

5) Wife does not legally need to reside with the husband, you can plead domestic violence as ground to live separately. Economic violence and not financially helping is also covered under domestic violence.

6) please refer SEC 3 (d) of domestic violence act-

Thank you

Bhanupriya,

if you #want to terminate the matrimonial knot, then, try to settle the matter amicably with your #husband involving elders/relatives/friends etc and go for #Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching #Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce #future legal complications,

some basic points to keep in mind and put in writing through an #MOU before filing the #petition for mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), #quash/withdraw of pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, #streedhan, #future litigation, etc.

if failed, you can file/claim

#498a/406 complaint (to claim the dowry articles)

#Domestic Violence case (for causing #mental, emotional, physical and monetary abuse, etc)

#you can also claim maintenance for the child.

you have rights to claim #residence, #protection, compensation, maintenance, 

as far as, the custody of the child is concern, the mother usually gets custody of the minor child, under the age of five but after five it can be given to any parent.

various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc

The most important factor is the BEST INTEREST OF THE CHILD.

The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

keeping in view the above facts, you can prepare your case/defense.

after five years the Court will again reconsider the facts/circumstances upon application made by the aggrieved parent.

1. Contest his RCR case on the ground that it was due to his cruelty that you had to leave.

2. You can claim maintenance for child even if you are working and earning as maintaining the child is a joint responsibility. He will have to either pay the sum ordered by the court or go to jail for default.