What legal steps for safety, custody, and legal rights?

I am seeking legal advice regarding my marital situation and child custody. I have been married for six years and have faced domestic violence from my husband multiple times. His behavior toward me is disrespectful, and his parents have also mistreated me. Earlier, my family mediated a compromise, but things did not improve. I have now left and am staying with my mother, as I can no longer continue in this toxic environment. I have a four-year-old son, and I am concerned about his custody and my legal rights. My husband is unemployed, and I am also not working. I need guidance on: What legal steps should I take for my and my child’s safety? Who is likely to get custody in this situation? If my husband has taken legal action, could it impact my case? If I initiate legal proceedings, what should be my next steps?

2 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 29 Mar 2025

You can file a domestic violence complaint and seek protection under the law for your and your child’s safety. For custody, courts usually prioritise the child’s best interests, and since your husband is unemployed you have a strong claim. If he has taken legal action, consult a lawyer to respond appropriately and protect your rights. To proceed legally, you can file for custody, maintenance, and divorce to ensure financial support and a safe environment for your child.

Admin
Advocate By LEAD INDIA Answered: 29 Mar 2025

To ensure safety you can file a complaint under the Domestic Violence Act and section 85 of BNS for protection. For child custody, courts focus on the child’s welfare. If your husband is unfit, you may get custody. It is advised to consult an expert lawyer to file for protection, custody, and maintenance in Family Court with supporting evidence. For further legal assistance contact us on our helpline number.
 

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