Harrasement and metal agony from husband

JAGADEESH (Querist) 03 June 2026 This query is : Resolved
Sir,
One of my cousins (sister) got married in 2016 and was blessed with a baby boy (9 years old). Her spouse traveled to Germany in 2017 and returned to India in 2022. Since then, he has been living in Hyderabad with his friends, while my sister and her son are in a rented house in Visakhapatnam. Her husband is not looking after them and is not providing a single paisa for them. So, what should we do now? How to safeguard her son's rights, and my sister wishes to initiate a divorce since her husband has not been employed for many years.

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A woman married in 2016 has been abandoned by her husband who moved to Germany in 2017 and returned to India in 2022, living separately without providing any financial support. She is seeking advice on divorce and safeguarding her 9-year-old son's rights, as her husband is unemployed and has suggested adopting their son out. Legal experts recommend filing for maintenance under Section 125 Cr.P.C. (now Section 144 BNSS) and potentially a Domestic Violence (DV) case to secure residence, maintenance, and compensation.

kavksatyanarayana (Expert) 03 June 2026
Before applying for divorce, she has to think about whether she can get on with her minor son. No harassment from her hubby and in-laws. He is not looking after them, she can request her husband, her parents, her in-laws and all well-wishers of their family and discuss the situation, and then think about divorce. Even then, he is not turned, she can file a divorce case and for maintenance that he is not maintaining her and their minor son and other strong reasons.

Dr. J C Vashista (Expert) 04 June 2026
Why did she not initiate any social pressure through her in-laws, relatives, parents, friends etc. to take care and maintain herself and their son since 2017 till date ?
What are compelling circumstances for your cousin (sister) to seek divorce at this stage ?

JAGADEESH (Querist) 06 June 2026
Sir all efforts made from relatives, no change observed... and he advised that to offer to others about adoption of his son. His parents are good but in this circumstances what to do.

T. Kalaiselvan, Advocate (Expert) 06 June 2026
She can file a maintenance case under section 125 cr.p.c. (Section 125 of the old CrPC are now outlined in Section 144 BNSS.) for her(Provided he is not employed and do not have any source of income to sustain her expenses ) as well as for the child. She can file a DV case seeking residential rights, maintenance for both, stay order against his own residence, compensation for the acts of cruelty he had unleashed against her

Dr. J C Vashista (Expert) 09 June 2026
Very well explained, opined and advised by learned senior expert Mr. T Kalaiselvan, which I endorse and appreciate his acumen.

P. Venu (Expert) 18 June 2026
Yes, she can proceed under DV Act or BNSS and seek maintenance.

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