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

In a recent consultation, a client, Mrs. Anjali Sharma, a 36-year-old IT professional from Amanpur, found herself in a distressing marital situation. Married for six years to Mr. Rajesh Kumar, 37, who works in a public sector undertaking, Bharat Power Corp, their relationship had deteriorated significantly. Anjali, with an annual income of nearly ₹80 lakhs, was the primary earner, while her husband earned approximately ₹1.5 lakhs per month. She decided to file for divorce due to persistent emotional and financial abuse. Her primary concern was that Rajesh, given his nature, would refuse a mutual consent divorce and instead contest it to claim a substantial amount of alimony from her, possibly leveraging his position to create difficulties.

Advice in such cases

When facing a complex divorce, especially with a significant income disparity, it is crucial to act methodically and strategically. Here are the initial steps to consider:

• Secure Your Finances: Immediately take steps to protect your assets. This may include opening separate bank accounts, changing passwords for your financial accounts, and getting a clear picture of all joint assets and liabilities.
• Document Everything: Start maintaining a detailed record of all incidents of abuse, including dates, times, and specific details. Preserve any evidence like text messages, emails, or recordings that can substantiate your claims of cruelty.
• Gather Financial Records: Collect all possible documents related to both your and your spouse’s finances. This includes salary slips, income tax returns, bank statements, and details of all movable and immovable properties. This will be crucial when the matter of maintenance is discussed in court.
• 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 and maintenance in India are governed by personal laws. For Hindus, the Hindu Marriage Act, 1955, is the primary legislation.

• Section 13(1)(ia) of the Hindu Marriage Act, 1955: This section allows for a divorce to be granted on the grounds of cruelty. The emotional and financial abuse alleged by Anjali would fall under this category.
• Section 24 of the Hindu Marriage Act, 1955: This provision deals with maintenance *pendente lite* (during the pendency of the case). It is gender-neutral, meaning either the husband or the wife can claim maintenance from the other spouse if they can prove they have no independent income sufficient for their support.
• Section 25 of the Hindu Marriage Act, 1955: This section pertains to permanent alimony and maintenance. It also allows either spouse to make a claim. However, the court has wide discretion and will consider the claimant’s own income, assets, and earning capacity before granting any maintenance.
• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section (which replaces Section 125 of the CrPC) provides for maintenance. It is important to note that under this section, only a wife, children, or parents can claim maintenance, not a husband. This can be a strategic point in such cases.

If you are the complainant

If you are the one initiating the divorce, especially as the higher-earning spouse, your approach must be well-prepared.

• File on Strong Grounds: Initiate the divorce on clear grounds like cruelty. Your petition should be detailed and supported by the evidence you have collected.
• Prepare for a Maintenance Claim: Anticipate that your husband will file an application for maintenance under Section 24 of the HMA. You will need to counter this by proving that he has a stable job and sufficient income to maintain himself.
• Highlight His Earning Capacity: The courts generally do not grant maintenance to a spouse who is well-educated, employed, and capable of earning a decent living. His stable PSU job is a strong point in your favour. The purpose of maintenance is to prevent destitution, not to equalize incomes.
• 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 have been subjected to abuse, the law provides specific remedies and protections.

• Seek Protection Orders: Besides divorce, you can file a case under the Protection of Women from Domestic Violence Act, 2005. This can provide you with immediate relief, such as protection orders, residence orders, and monetary relief.
• Build a Strong Case for Cruelty: The evidence of emotional and financial abuse is not just grounds for divorce but also strengthens your position against any claims he might make. It demonstrates his misconduct, which the court may consider.
• Do Not Be Intimidated: Spouses in positions of influence often use threats as a tactic. A strong legal case based on facts and evidence is the best defence against such pressure.
• 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

Divorce is a civil matter and does not directly involve the police. The police will only get involved if a criminal complaint is filed. For instance, if you file a complaint under the Domestic Violence Act or for criminal intimidation under the Bharatiya Nyaya Sanhita (BNS), 2023, the police will conduct an investigation. In matrimonial disputes, police often initially refer the matter to the Crime Against Women (CAW) Cell for counselling and reconciliation attempts before registering an FIR. It is important to have your lawyer guide you through any interactions with the police to ensure your rights are protected.

FAQs people normally have

Can my husband claim alimony even though he is earning well?
Yes, he can legally file a claim under the Hindu Marriage Act. However, winning the claim is very difficult if he is employed and earning a reasonable income. The court will assess if his income is “sufficient for his support” according to the lifestyle enjoyed during the marriage. Given he has a stable government job, his claim would be very weak.

Is there a formula to calculate how much alimony I might have to pay?
No, there is no fixed formula. The court considers various factors, including the income of both spouses, financial needs of the claimant, standard of living, duration of the marriage, and the conduct of the parties. In cases like this, the court is highly unlikely to grant any maintenance to the husband.

How can I protect myself from his influence?
The best protection is a strong, evidence-backed legal case. The judiciary is independent, and influence can be countered with solid facts and proper legal representation. Document any threats or attempts to influence and bring them to the notice of the court through your lawyer.

What evidence is required?

To build a robust case, you will need:

• Proof of Income (Both Spouses): Your and your husband’s salary slips, bank statements, and Income Tax Returns.
• Proof of Assets: Documents related to all properties, investments, and other assets, both joint and individual.
• Evidence of Cruelty: Text messages, emails, call recordings, photographs, or witness testimony from friends or family who have observed the abusive behaviour.
• Proof of Expenses: Documents showing your monthly expenses to establish your financial needs.

How long will the investigation take?

A contested divorce is a judicial proceeding, not a police investigation. The timeline can vary greatly depending on the court’s caseload and the complexity of the case. A contested divorce in India can take anywhere from two to seven years to reach a final decision in the trial court. The process involves filing petitions, replies, evidence, cross-examinations, and final arguments, which is a time-consuming process.

Advocate Sudhir Rao, Supreme Court of India