Hello,

Thank you for posting your query.

You may file a petition for divorce under the provisions of Hindu Marriage Act in case you are a Hindu Lady. You will have to show a ground for Divorce such as Cruelty, Adultery etc. In case you belong to a separate ethnicity, then there are other personal laws to govern Divorce.

Since the Baby is small there is high probability that the Court will grant you custody and guardianship of the child. You may simply take the child with you and fight out the case of Guardianship.

Additionally you and your child are also entitled for maintenance under the provisions of 125 CrPC and The Domestic Violence Act. You will need to file an appropriate application before the court to obtain maintenance. In the meantime the court can grant you interim maintenance also till the disposal of the main application.

Do let me know in case you need further clarifications.

Thanks & Regards,

Nishant

Apart from applying for divorce you shall have to file a separate case for child custody to keep your child with yourself subsequent to the divorce.