Since you both are divorced legally, neither he nor you have any rights over each other.

The assault he had done on you attracts criminal offence.

You can give a complaint to the local police and can very well leave his home for your parents' house.

Even though you both reconciled your differences and are living together, since you both are not remarried, you both cannot be considered as legally wedded couple till remarriage.

He cannot stop you from leaving the house neither he can snatch the child which is less than 5 years old from you for any reason while leaving the house. 

Dear Ma'am, 

1. as of now there is no legal marriage irrespective of reconciliation and living together. therefore both of you have no rights over each other. 

2. the assault is a criminal offence, even if it was done by his mother. 

3. if you want to proceed with legal action, you will have to approach the police station and file a complaint. 

4. You can very well leave his house with your child and since both of you have not remarried legally he cannot ask for reconciliation. 

Thank You

• For further assistance, you can book a consultation with me. 

If parents-in-laws had assaulted it will count as offence. But for self defence it has been done than she will be protected.

If you're relationship is good with your husband than no need to leave separately from him, instead you and husband along with children can shift to different place.

You are at liberty to stay separate with your children 

2) you can file police complaint against your mother in law under section 504,506 ofIPC

3) you can seek Maintenance from your ex husband for yourself and children 

FileFIR under section 504 ,506 of IPC against your mother in law for acts endangering peace and for criminal intimidation 

Acts of cruelty, attempts to assault  and threats to life and limbs, are some of the offences that can be attracted for which you cn make a complaint with the local police.

Since it is no  more a safe place for you to live in that house, you may better leave the place.

- You can lodge a compliant against your mother in law for the offence of abusing and hitting etc

- Further, you can also file a complaint under the provision of Domestic Violence Act against her as well. 

- Since, you already divorce from him , then legally you cannot claim any right from him 

- Further, you can live in relationship with him , and further after passing of two years , you can claim maintenance and residential right from him.

-   As of date you are not married so there is no mother in law. 

Your current relationship is live-in.

So it is not case of Domestic violence. 

-  Attempt to assault is also criminal offence. 

However the assault was attempted with any weapon or item or only hands ?

-  You can certainly leave and go to your parents house. 

The Child custody depends on the Divorce judgement. 

1. If you were divorced and not able to remarry then he is not your husband.

2. You have no rights as your marriage was dissolved by the court. Even to show yourself as a live in partner of this man and seek remedies under DV Act, 2005 will be an exercise in futility as your marriage with him was dissolved.

3. No criminal case is made out against mother as well as she could not succeed in her attempt.

You are not married to him as of now you may file a domestic violence case against him and her mother for assault as you were living with them.

Yes that is an offence and a complaint can be filed. As you are divorced you don't have any rights wrt him but you may file a case.

Dear Querist

YOu may file a criminal complaint against them before the magistrate court under section 12 of The Protection of Women From Domestic Violence Act-2005 along with sections 17,18,19,20 21 & 22 of The Act-2005 and claim, protection, right to residence, monetary relief, child custody, and compensation.

They have no right to restrain you when you want to go to your parent's home.

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