Divorce related

. can she challenge the one sided divorce at this stage?

Yes. She can and she should.  Engage an advocate and move  application immediately so that she can become a party and contest the case.

2. how much of maintenance can she ask for the child since she is presently working? how will compensation be calculated once she loses her job?

Depends upon the earnings of husband and the life style of the family.  No compensation for loss of job.  But, if she is working in inferior job, she can also ask for maintenance.

3. Is onetime compensation an option?

If she goes mutual divorce, she can bargain about that.  Otherwise also, if the courts grant divorce, she would be awarded permanent alimony after she applies for it.

4.what are the rules governing visitation rights? if there is a threat to the child or if the father doesnt visit his son for a long period say two years can the visitation rights be cancelled? (He has made clear he doesnt want to support the child unless forced)

Father has got a visitaion rights.  But he should get those rights from court orders.  As he is not interested, why should you bother about his visitation rights.

4. can she file for dowry case and domestic violence case with negligible evidence? ( the medical papers have already been perhaps destroyed by the husband)

Yes.  She can and she should.

5. her parents are still supporting her, and they want her to settle down again after the trauma is over, however the child is a responsibility. what happens to the child on remarriage? in case of remarriage can the child get the surname of her new husband? if so what is the procedure?

If she also wants to settle down, then go for mutual consent divorce after settling compensation instead of filing other cases.

5. what are the adoption laws in such cases? does the child still has right over the property of his biological father?

The natural father's consent is necessary for giving the child in adoption to the step father.

6. in case of going abroad whose name will be metioned on passport/visa as father of the child? in case of school going whose name will be mentioned as father in school certificates

Biological father's unless a legally valid adoption takes place.

(((((4. can she file for dowry case and domestic violence case with negligible evidence? ( the medical papers have already been perhaps destroyed by the husband)

Yes.  She can and she should. )))))))

Unable to understand what purpose will it serve to lodge false cases where there is no evidence. You may not be able to even register an FIR if you dont have proof . what lady says to police/court will not be taken as gospel truth

Querist, you will achieve nothing by filing such cases without any evidence rather you will make your case weak as without any substantial evidence you will only waste your time and energy running through court. If you lose 498a case the husband will be in stronger position and will be granted divorce by court as per recent judgements

Please go for MCD, divorce cases when contested run for 5-6yrs minimum. Get peace by exiting out of such relationship without wasting time. You can negotiate for a one time settlement amount as alimony

Why cant the lady search for a new job before she loses the current one ? Don't be under the assumption that the court will consider her as unable to earn and support herself after she loses her job. There are many judgements where maintenance is denied to qualified, capable and earning wife / Working wife. Ofcourse the husband will have to maintain the child

there are lots of tormenting messages being sent by the husband. by the way domestic violence was a reality and not fabricated. inspite of our efforts to cajole her to lodge fir, she didnt so that the family doesnt earn bad name

even if she doesnt get maintenance for her ( she earns about 50K pm now, i hope she can get maintenance for the child who is by no means her sole decision. He earns about 70K

yes child will get maintenance from father. Appropriate amount will be decided by court based on earnings of both parents and needs of the child till he gets major.

Alternatively a one time alimony amount can be mutually decided and father can avail visitation rights or may not avail and relinquish his rights as a father based on mutual understanding between husband-wife which would need to be carefully drafted in the MCD 

thanx for the advice, to both chandrashekhar n born fighter

i have another question

can they recover the dowry given at the time of marriage in anyway?

all the gold n other ornaments both from parents side n those that were brought by inlaw at the marriage as per tradition are with mother in law now since she took all immediately on bride's arrival at her in law's house?

also the dowry was given in cash

since there are no records how can one progress?

Yes.  Dowry and stri-dhan can be recoverable.  Engage a good advocate and he will show you the way how to prove those things.  Evidence is not solely on the basis of documentary evidence, oral evidence is also very important part of evidence.  The demeanour of the witness, the social circumstances prevailing in the society, the way in which dowry is handed over to the bridegroom, the inability of the bride or her parents  to produce the documentary evidence are well known to the judges.  So, if you are intended to recover them, file complaint under dowry prohibition Act and also file Domestic Violence case against the husband.