-   First file case of bigamy because your marriage is VOID. 

Second marriage is illegal.

-   You should have filed for Annulment before child. 

-   You will only have the custody of your child. 

-   Along with the file DV case and claim maintenance and compensation. 

Hello, 

you can easily move out and leave your husband. The marriage anyways is a nullify since he was married at the tile of marrying you for which you can also file a FIR against him.

you can file a case of maintainence on behalf of your child also and can take the custody. If he wants the custody, he will have to file a case. 

regards

File petition for declaration that marriage is nullity as performed during subsistence of earlier marriage 

seek maintenance from husband for yourself and daughter 

You need to hire an Advocate and give a written notice before Police Station that your life is in danger. Further, you need to apply for protection before the Magistrate. 
Then, you should lodge an FIR against him where he gets arrested. 
and also file for divorce showing that he is already married and entered into bigamy, which is a good ground for divorce, in the same Petition you ask for maintenance. 

You can also move a Petition under the Domestic Violence Act for violence, maintenance and threat. 
In case you feel that these are costly litigation, Delhi State Legal Services Authority, of which you will receive a number on the internet they will provide you with free legal aid and free advocate who can represent you everywhere.  

1. Obtain protection order from the jurisdictional Court.

2.  File a domestic violence case against your husband.

3.  File for contested divorce against your husband for causing mental harassment to you. Claim maintenance/alimony amount from your husband by obtaining a favourable order from the Court.

First, you have to leave separate from him at least Six months than you can apply for maintenance and in other case child custody. If its daughter then she will remain in your custody till she becomes major means (18 years old).

First you need to go police complaint under women cell and explain all the facts and issues to them and later on you can file case in the family court.  

You can file the following cases against him for relief and remedy to all the problems you face now because of him:

1.  You can lodge a criminal complaint with the local police for the offences  under section 406, 417, 420, 498A, 294B, 323,  503  and  506 (ii),  IPC against him for marrying you by suppressing the fact of his subsisting marriage with another lady at the time of marrying you, for breach of trust, cheating, for the acts of cruelty, for injuring  you by assault and criminal intimidation etc and also for protection from his threats to kill you and your child.

2. File a DV case seeking protection, monthly maintenance for you and your child, compensation for his arrogant and atrocities committed on you during your stay with him, causing acts of cruelties when you came to know about his subsisting marriage before marrying you and also for residential rights. 

3. File a contested divorce case on the grounds of cruelty and also for suppressing the material facts of his subsisting marriage at the time of fraudulently marrying.

4. File a maintenance case under section 125 cr.p.c. seeking monthly maintenance for you and your child.

You need not file a child custody case since the child is under your care and custody, he cannot take away the child  because as per law the child shall remain in the care and custody of the mother till it attains 5 years of age.,

- As per Hindu marriage Act he cannot do second marriage without divorce from first wife. 

- Hence, you can file a petition for declaring the marriage as null and void , and also compliant for cheating .

- Further, legally you can claim maintenance and residential right from him with your daughter . 

- Further , as per law, even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

- The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered.

- Hence, being mother of baby child, you are the only & fit to get full custody legally. 

- Further for his harassing , you can file a compliant in the women cell as well against him . 

You can contact me , if further suggestion needed. 

You may file a custody case against him. As he is already married his second marriage is null and void and he may be prosecuted for 2nd marriage which is an offence.

For maintenance and alimony file an application in the family court.

A divorce petition must also be filed.

. 1. You are free to leave. If he does not let you leave then you should call the police, and if police does not come to your rescue then remedies can be sought before courts.

2. If he does not permit you to take the child with you then you may file a petition for child custody in the Guardianship Court.

3. Mother remains the natural guardian of child until child attains the age of 5 years, so ordinarily the custody of a child below 5 is granted to mother.

4. Under DV Act, 2005 you can seek maintenance for yourself and child.

Dear Maam,

1) As your husband fraudulently lied to you and married again while the former marriage subsisting, the same is void.

2) You have right to file police complaint against husband for bigamy.

3) You can get your marriage declared void by family court and seek custody of child.

4) File DV case against husband, seek maintenance, residence and protection.

Thank you

Dear Querist

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

He will not get any custody of the child from you as you are the best person for the welfare of the child.

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