- This topic has 14 replies, 6 voices, and was last updated 1 year, 5 months ago by
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UHey everyone, I’m posting this for a friend who’s in a really tough spot and needs some guidance.
She’s 4 months pregnant with her abusive husband’s child. The whole pregnancy was something he manipulated her into—he kept calling her for “cooling-off talks” after they had separated, and during one of those times, he forced himself on her, which led to the pregnancy.
Before this, she had already filed for divorce, but she withdrew it because he promised he’d take care of her and the baby. Now, months into the pregnancy, he’s completely abandoned her, leaving her to beg for money just to get by. Occasionally, he’ll send her ₹500 or ₹1000, but he makes a huge deal out of it every time.
He’s still emotionally abusive, controlling, and threatening. His mere presence terrifies her and her mom, and he’s humiliated her in public repeatedly. She feels trapped—like the child is being used as a way to keep her under his control for life.
She wants to know:
1. Can she file for a one-sided divorce and get out of this nightmare?2. Can she keep the baby without him being able to interfere in their lives in the future?
3. Would giving the baby up for ADOPTION be an option, especially since she feels like the pregnancy is just another way he’s trying to enslave her?
She’s a survivor of narcissistic abuse and is trying her best to stay strong, but she’s overwhelmed and doesn’t know what her legal rights are in this situation. Any advice or resources would be so appreciated.
Thanks for reading and for any help you can offer.
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SShe can claim maintenance for the child and will get alimony too if she doesn’t have any job or anything. Giving the baby up for adoption would may lead to the husband winning the custody of the child.
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UThank you for your reply.
Husband doesn’t care about the kid. He is a drunk abuser who has manipulated her for years. He wants kid to be with her to keep seeing her as is play thing to continue the same dynamics.
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SOh well then keeping the kid away from the husband would be the best thing she could do. If she opts for giving the kid up for adoption, her husband might get a strong point to take custody of the child and may make his life miserable. It would be better for her to keep the baby with herself and opt for maintenance from him if she can’t manage to employment and baby at the same time
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SFck! He seems to be a monster. Does she have any marks or proof of him being violent? She can use them against him. Through a hidden camera or anything that would prove him being violent. For further clarification, contact u/Mountain_View_7754
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UHe clearly know marks can be used against him. Cautious about not hitting but does every other things, to torture her.
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P1. One-sided divorce – is Contested Divorce. She can file on the grounds of Cruelty. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/) It is not practical for her to file for a divorce now, as she is expecting a child and the courts may not entertain her claim considering that her physical and mental condition may not allow her to go through the process. But she can file a Maintenance Case under BNSS 144 asking for maintenance for herself and for her medical expenses. let her ask for interim maintenance also, which will be granted immediately. Let her go through the pregnancy and then file for Divorce later. Meanwhile collect the evidence for his cruel behaviour through chats, emails, video recordings etc.
2. If she wants to come out the relationship and doesn’t want any interference from her husband, she can only ask for divorce Or along with divorce, she can ask for one time settlement in the form of alimony. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
If she wants maintenance for herself and/or child support, she may have to keep the interaction with her husband continuing even after the divorce. He may claim that he wants visitation right to the child or joint custody or he can claim sole custody also, only to harass the wife. So, sadly, she may have to choose between the devil and the deep blue sea. If she can find a job and support herself, it is better that she claims a lumpsum amount as Alimony (compensation for all her suffering) and continue to live her life peacefully without her husband’s support. This answers your Question No. 2
3. Once the baby is born, I am sure her feelings will change. She may not be willing to give the child for adoption. It is too early to discuss on this.
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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