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

Ms. Priya was married to Mr. Rohan in January 2024. The initial few months of her marriage were happy, but soon after, she began facing persistent mental and verbal harassment from her mother-in-law. Being a sensitive individual, the constant torment took a severe toll on her mental health, leading to a state of deep depression. The situation escalated to a point where Ms. Priya attempted to harm herself in June 2024. After being discharged from the hospital, her in-laws sent her to her parents’ house, promising that her husband would bring her back once she had recovered. Her husband, Mr. Rohan, also assured her that he would visit and that she should focus on her medication and recovery.

However, during her stay at her parental home, Mr. Rohan never called or visited. When Ms. Priya tried to contact him, he was evasive and unresponsive to her messages. To her shock, she was later informed that his family was now seeking a divorce. This has left Ms. Priya distressed and worried about her financial security, raising the critical question of her right to claim alimony under Indian law in these circumstances.

Advice in such cases

• Preserve all evidence of harassment, such as text messages, emails, or any recordings.
• Keep all medical records, prescriptions, and hospital discharge summaries related to your depression and the subsequent incident. These documents are crucial to substantiate your claim of mental cruelty.
• Document every instance of your husband’s neglect and his family’s actions after you were sent to your parental home.
• Assess your financial needs and your husband’s financial capacity, including his income, assets, and lifestyle.
• 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

In such a scenario, several legal provisions can be invoked to protect the wife’s rights:

• Hindu Marriage Act, 1955: Section 13(1)(ia) allows for divorce on the grounds of cruelty. The acts of mental and verbal harassment you faced constitute cruelty.
• Section 24 of the Hindu Marriage Act, 1955: This section provides for ‘maintenance pendente lite’, which means you can claim maintenance from your husband for your expenses during the divorce proceedings.
• Section 25 of the Hindu Marriage Act, 1955: This allows the court to grant permanent alimony and maintenance to a spouse upon the passing of a divorce decree. The court decides the amount based on the husband’s income and assets, and the wife’s needs.
• Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This is a provision for maintenance of wives, children, and parents. A wife who is unable to maintain herself can claim maintenance under this section, irrespective of whether a divorce case is pending.
• The Protection of Women from Domestic Violence Act, 2005: The mental and verbal abuse you have described falls under the definition of domestic violence. You can seek various reliefs under this Act, including monetary relief, residence orders, and compensation.
• Section 85 & 86 of the Bharatiya Nyaya Sanhita, 2024 (BNS): These sections deal with the offence of cruelty by a husband or his relatives, which is a criminal offence.

If you are the complainant

• You can file a petition for divorce on the grounds of mental cruelty in the Family Court.
• Along with the divorce petition, file an application under Section 24 of the Hindu Marriage Act for interim maintenance to cover your monthly expenses and litigation costs.
• In the main petition, you must make a prayer for permanent alimony under Section 25 of the Hindu Marriage Act.
• You can also initiate separate proceedings under the Protection of Women from Domestic Violence Act, 2005, to seek immediate monetary relief and other protections.
• If the cruelty is severe and you wish to pursue criminal action, a complaint can be filed with the police under Section 85/86 of the BNS.
• 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

• Your first priority should be your well-being. Continue your medical treatment and seek counseling or therapy to cope with the emotional trauma.
• Secure all your documents, valuables, and personal belongings.
• Do not feel pressured to sign any documents or agree to a divorce on unfavorable terms without legal guidance.
• Keep a detailed record of all communications and events as they unfold.
• 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

Police intervention typically occurs when a criminal complaint is filed. If you approach the police to file a complaint of cruelty under Section 85/86 of the BNS, their role is to register a First Information Report (FIR) if a cognizable offence is made out. Often, such matters are first referred to the Crime Against Women (CAW) Cell or a ‘Mahila Thana’ for counseling and an attempt at reconciliation. However, if you insist on legal action and there is sufficient ground, they are mandated to register the FIR and investigate the matter. For matters of divorce and alimony, the proceedings are civil in nature and handled by the Family Courts, not the police.

FAQs people normally have

What evidence is required?

To build a strong case for alimony and prove cruelty, you will need evidence such as:

• Medical reports, prescriptions, and a psychiatrist’s testimony regarding your depression.
• Hospital records related to the suicide attempt.
• Any communication (WhatsApp chats, emails, SMS, call recordings) that shows harassment by your in-laws or neglect by your husband.
• Testimony of witnesses like your parents, friends, or neighbours who were aware of your situation.
• To claim alimony, you need to provide proof of your husband’s income and financial status, such as his salary slips, income tax returns, bank statements, and details of his properties and investments.

How long will the investigation take?

Divorce and alimony cases are civil proceedings, so there is no police “investigation” in the criminal sense. The duration of the court process can vary significantly. An application for interim maintenance under Section 24 of the Hindu Marriage Act is usually decided relatively quickly, often within 6 to 12 months, to provide immediate financial relief. However, the final divorce decree and the decision on permanent alimony can take a much longer time, potentially several years, depending on the complexity of the case, the amount of evidence presented, and the workload of the court.

Advocate Sudhir Rao, Supreme Court of India