Divorce

Dear Client, 

Firstly, your second husband holds no legal guardianship or custody rights over your child from your first marriage, you remain the sole natural guardian. If the environment at home is causing distress or harm to your child, seeking a safe physical separation is completely justified.

The best option is Mutual Consent Divorce, provided both of you agree on terms. If your spouse refuses or is hostile, you can file for a contested divorce on grounds of cruelty, or seek urgent relief under the Protection of Women from Domestic Violence Act. The PWDVA provides quick protection orders, residence orders, and interim maintenance for both you and your child, even if the domestic distress is emotional or verbal. Lastly consult a family lawyer to protect your assets and document any ongoing issues. I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.

Dear Client,

If your current marriage is untenable and affecting your child's well-being, the law provides remedies including seeking a decree of divorce before the competent family court on appropriate statutory grounds. Additionally, you and your minor son hold the right to claim interim as well as monthly maintenance for your sustenance and welfare. Depending on the nature of the marital discord, further civil or criminal safeguards may also be initiated for your safety. A definitive strategy requires perusing your case facts and relevant documentation in full, for which a one-on-one legal consultation is advised.

Hope this clarifies your position.

OLQ LAW FIRM

Dear Client,
Based on your query, if there are valid and sufficient ground then you definitely go for a divorce before the competent court of law and also you are entitled to getting a monthly maintenance for you and your minor son from your husband. 
You can also go for other relevant legal proceedings as appropriate for your specific relief, but for that we need to understand your problem and current issue from first to last. 
Hope this answer helps!

Its requires a detailed legal discussion of your matter and verification of your documents, regarding the further legal course of action, you may opt for a one to one-consultation

OLQ LAW FIRM.