Contemplating Divorce for My Children’s Well-Being

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Adv Sudhir Rao
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Contemplating Divorce for My Children’s Well-Being

one of my Client recent had case which i am explaining below and If you are stuck in such similar situation, here is what to do.

Ananya Verma (32) married Rohan Mehta (35) in a traditional ceremony eight years ago in the small town of Navapur. Both are software engineers employed at unrelated tech firms—Ananya takes home about ₹39 lakh per annum while Rohan’s pay is roughly half of that.

Over the years Ananya felt increasingly isolated. Rohan refused to participate in parenting of their two young children, spent most evenings gaming, and regularly belittled her professional success. Joint counselling failed; promises of change never materialised. Ananya now worries that the toxic atmosphere is harming the children’s emotional growth. After much deliberation—and despite the social stigma of being the first in her extended family to seek dissolution—she has decided to file for divorce on grounds of cruelty and desertion under the Hindu Marriage Act, 1955.

Advice in such cases

  • 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.
  • Collect proof of cruelty—emails, messages, therapist records, children’s school counsellor notes.
  • Secure financial documents (salary slips, bank statements, tax returns) for maintenance and child-support calculations.
  • Prepare a safe accommodation plan for yourself and the children if living separately becomes necessary.
  • Consider mediation; courts increasingly encourage negotiated settlements to reduce litigation time.

Applicable Sections of Law

  • Hindu Marriage Act, 1955 – Sections 13(1)(ia) (cruelty) and 26 (custody).
  • Protection of Women from Domestic Violence Act, 2005 – for residence orders and monetary reliefs.
  • Bharatiya Nyaya Sanhita, 2023 – Section 85 (physical or emotional cruelty, punishable offence).
  • Bharatiya Nagarik Suraksha Sanhita, 2023 – procedural safeguards for lodging First Information Report and recording statements.
  • Juvenile Justice (Care and Protection of Children) Act, 2015 – best-interest principle for custody decisions.

If you are the complainant

  • 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.
  • File a petition in the appropriate Family Court citing statutory grounds.
  • Simultaneously move an application for interim maintenance under Section 36 of the Hindu Marriage Act or Section 20 of the DV Act.
  • If there is immediate danger, approach the Magistrate for protection orders under the DV Act.
  • Request in-camera proceedings to protect privacy.
Contemplating Divorce for My Children’s Well-Being

If you are the victim

  • 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.
  • Document every incident of abuse in a diary with date, time, and witnesses.
  • Visit a government hospital for a medico-legal report if there is any physical injury.
  • Open a separate bank account for emergency funds.
  • Inform a trusted friend or relative about your situation for immediate support.

How the police behave in such cases

  • They must register a Zero-FIR if the offence is cognizable under the BNS, irrespective of jurisdiction.
  • Women officers should record statements under Section 180 BNSS to avoid intimidation.
  • Police may attempt mediation; you are not obligated to accept if safety is a concern.
  • If the police refuse to act, you may file a complaint with the Superintendent of Police under Section 173 BNSS.

FAQs people normally have

  • Is separation period mandatory? – For mutual consent, six months’ statutory cooling; for contested cruelty, no waiting if facts are proved.
  • Can I stay in the matrimonial home? – Yes, right of residence under DV Act even if property is in spouse’s name.
  • Will my earnings reduce child support? – Court looks at comparative income and child’s standard of living; primary earner pays larger share.
  • Do family WhatsApp chats count as evidence? – Yes, printouts with Section 65B Certification of the Evidence Act are admissible.
Contemplating Divorce for My Children’s Well-Being

What evidence is required?

  • Medical reports, photographs of injuries.
  • Audio or video recordings of abusive language (ensure legality of recording in your jurisdiction).
  • School counsellor or neighbour affidavits on children’s emotional distress.
  • Financial documents showing disparity and expenditure.
  • Digital logs—emails, chats, social media messages.

How long will the investigation take?

  • Police inquiry into cruelty allegations under BNS must ordinarily be completed within 90 days, extendable with written reasons.
  • Family Court timelines vary; contested divorce may take 2–4 years, whereas mutual consent can conclude in 6–12 months.
  • Interim maintenance orders are usually passed within 4–6 months of filing.

Advocate Sudhir Rao, Supreme Court of India

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