If you are stuck in such a situation, here is what to do.

Ms. Anika Sharma feels trapped in her marriage of nearly a decade to Mr. Vikram Singh. The relationship has deteriorated to a point where she feels emotionally and mentally exhausted. They live in a major Indian city, but their lives have become completely disconnected. The core of her distress stems from several ongoing issues. There is a complete lack of intimacy, which Mr. Singh attributes to his supposed lack of attraction to her, criticizing her for not “dressing up” and for being in a “bad mood.”

Furthermore, Mr. Singh is a workaholic, dedicating 16-18 hours a day to his job, leaving no time for their relationship. They barely communicate, making Ms. Sharma feel like she is living with a stranger. When she proposed a mutual divorce, he flatly refused, admitting that he benefits from her substantial income and does not want to let that go. Compounding the issue is his financial irresponsibility; he has accumulated significant personal debts without her knowledge, raising concerns about her own financial security. His behaviour is often manipulative, and he is prone to angry outbursts where he throws objects around the house. Despite her pleas, he refuses to consider therapy or psychological counseling.

They share a single joint asset, a house, and have no children. Ms. Sharma earns more than her husband, though he himself has a high annual income of over ₹40 lakhs. Feeling isolated and scared of the conflict a divorce might entail, she is even more terrified of remaining in a loveless, unsupportive, and lonely marriage. She seeks clarity on how to proceed with a contested divorce and protect her future.

Advice in such cases

• Document Everything: Keep a detailed journal of incidents of manipulative behaviour, anger, verbal abuse, and financial misconduct. Preserve any communication like emails, text messages, or WhatsApp chats that can serve as evidence of mental cruelty.

• Secure Your Finances: Open a separate bank account and start moving your salary there. Gather all financial documents, including your and your husband’s income tax returns, bank statements, salary slips, and details of all assets and liabilities.

• Protect Joint Assets: Seek legal advice on how to secure your interest in the joint property. It may be possible to get an injunction from the court to prevent your husband from selling or creating any charge on the property during the divorce proceedings.

• Prioritize Your Well-being: The process can be emotionally taxing. Seek support from trusted friends, family, or a professional therapist to help you cope with the stress.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Divorce proceedings in India are primarily governed by personal laws. Assuming the parties are Hindus, the Hindu Marriage Act, 1955, will be applicable.

• Section 13(1)(i-a) of the Hindu Marriage Act, 1955 – Cruelty: This is the most relevant ground for divorce in this case. Cruelty is not limited to physical violence. The Supreme Court of India has repeatedly held that mental cruelty—which includes constant neglect, verbal abuse, denial of intimacy without reason, financial recklessness causing distress, and creating a hostile living environment—is a valid ground for divorce. Mr. Singh’s behaviour, including his manipulative tactics, anger, and emotional withdrawal, clearly falls under mental cruelty.

• Section 24 and 25 of the Hindu Marriage Act, 1955 – Maintenance: These sections deal with maintenance during the pendency of the case and permanent alimony. While the law is gender-neutral, the court considers the income, earning capacity, assets, and liabilities of both spouses. Since Ms. Sharma earns more but Mr. Singh also has a substantial income and is capable of supporting himself, it is highly unlikely that she would be ordered to pay him alimony, especially as they have no children.

• Bharatiya Nyaya Sanhita (BNS), 2023: While divorce is a civil matter, severe cruelty by a husband or his relatives can have criminal implications under Section 85 of the BNS (which replaces Section 498A of the IPC). If the cruelty is extreme, this is a legal avenue that can be explored, but it is separate from the divorce petition filed in a Family Court.

If you are the complainant

As the person initiating the divorce (the petitioner/complainant), you must take structured legal steps.

• Filing the Divorce Petition: Your lawyer will draft a divorce petition detailing the grounds of cruelty and file it in the appropriate Family Court that has jurisdiction.

• Gathering Evidence: You will need to systematically collect and organize all the evidence that supports your claims of cruelty and financial misconduct.

• Seeking Interim Relief: Along with the main petition, your lawyer can file applications for interim orders, such as an injunction to protect the joint property from being disposed of by your husband.

• Be Prepared for Contestation: Since your husband is not agreeing to a mutual divorce, expect the case to be contested. He will file a written statement denying your allegations, and the court will then proceed to trial.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the one enduring such behaviour, your immediate steps should focus on safety and strategic planning.

• Focus on Your Safety: While the aggression has been towards objects, this can escalate. Ensure you have a support system and a safe place to go if needed.

• Do Not Engage in Arguments: Avoid confrontations that could provoke his anger. Communicate through text or email if necessary, as this also creates a written record.

• Secure Personal Documents: Keep your passport, educational certificates, ID proofs, and other important documents in a safe place outside the shared home, such as with a trusted family member or in a bank locker.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is crucial to understand that divorce is a civil remedy, and the police have a very limited role unless a criminal offense is reported. The divorce petition is filed in a Family Court, not a police station. Police will not intervene in matters of who lives in the house, division of assets, or the divorce process itself.

Police involvement would only begin if you file a criminal complaint, for instance, under Section 85 of the Bharatiya Nyaya Sanhita (BNS) for cruelty. If such a complaint (FIR) is filed, the police are mandated to investigate the allegations as per the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS). Their behaviour can vary, but their duty is to gather evidence, question the parties involved, and file a report before the court. However, pursuing a criminal case is a serious step and should be discussed thoroughly with your lawyer, as it runs parallel to and is separate from the divorce case.

FAQs people normally have

• How does a contested divorce work if one spouse refuses?
  One spouse files a divorce petition on specific grounds (like cruelty). The court sends a notice to the other spouse, who must appear and file a reply. The court may suggest mediation. If mediation fails, the case proceeds to trial, where both parties present evidence and witnesses. The judge then gives a final decision based on the merits of the case.

• Since I earn more, could I be forced to pay him alimony?
  It is very unlikely. The law requires the court to consider the husband’s own income and earning capacity. Since he earns a substantial amount (₹40 lakhs per annum), he can comfortably maintain himself. The court will not grant alimony to a spouse who is not dependent and has sufficient means.

• How do I protect myself from his debts and our joint property?
  You are generally not liable for personal debts your husband took in his own name without your consent or signature as a co-borrower or guarantor. For the joint property, your lawyer can file for an injunction to prevent him from selling or mortgaging it until the court decides on its division.

What evidence is required?

Strong evidence is key in a contested divorce. You should start collecting:

• Proof of Marriage: Marriage certificate and photographs.

• Evidence of Cruelty: Text messages, emails, or chat histories showing verbal and emotional abuse. Recordings can be used, but their admissibility must be confirmed by your lawyer. Testimony from friends or family who have witnessed his behaviour can also be helpful.

• Financial Documents: Your and his salary slips, bank statements, and Income Tax Returns to establish the financial status of both parties. This is crucial for matters of alimony and property division.

• Property Documents: The sale deed and other papers related to the joint house.

• Proof of His Debts: If you can access any loan statements or documents related to the debts he has taken, it can support your claim of financial irresponsibility.

How long will the investigation take?

In a civil case like divorce, the term “investigation” is not used; it’s a “legal process” or “trial.” A contested divorce in India is not a quick process. The timeline can vary significantly based on the court’s caseload, the complexity of the case, and the cooperation of the parties.

Realistically, you should be prepared for the process to take anywhere from 2 to 5 years, or sometimes even longer. The stages include filing the petition, service of summons, filing of a reply by the other party, mediation, framing of issues by the court, presenting evidence (examination and cross-examination), final arguments, and finally, the judgment.

Advocate Sudhir Rao, Supreme Court of India