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

A woman, let’s call her Priya, residing in a North Indian city, found herself in a deeply distressing marital situation. Married for several years and a mother to two young children, she has been enduring escalating emotional, mental, and occasional physical abuse from her husband, Rohan, and his parents. The harassment began shortly after her marriage, forcing her to temporarily return to her parents’ home, only to come back based on promises of better behavior that were never kept.

The situation worsened over time. Her in-laws actively prevented her family from visiting, creating an isolating environment. In a particularly troubling incident, her father-in-law, with the help of a known lawyer, coerced Priya into signing legal documents that severely restricted her freedom, including a clause forbidding her from leaving the house for a year. After the birth of her second child, the verbal threats and intimidation intensified.

Currently, Priya is being pressured to sign a separation agreement that would force her to give up custody of her older child to her in-laws, while she would be allowed to keep the infant. She is completely against this arrangement and wants custody of both her children. She lives in constant fear due to threats against her parents and her character. Her access to her phone and her freedom of movement are heavily restricted. Fortunately, she has managed to collect some evidence, including CCTV footage of verbal abuse, recordings of her children being manipulated against her, and videos from surveillance cameras within the house.

Advice in such cases

If you find yourself in a similar predicament, your immediate priority should be your safety and the well-being of your children. Here are the steps you can consider:

• Prioritize Safety: If you feel you are in immediate danger, your first step should be to move to a safe location, such as your parents’ house or a trusted friend’s home.
• Secure Evidence: Preserve all evidence of abuse and harassment. This includes photos, videos, audio recordings, threatening messages, emails, and medical reports. Keep multiple copies in a safe place, like a cloud drive, that your abusers cannot access.
• Do Not Sign Anything: Do not sign any document under pressure, especially concerning child custody or property, without independent legal advice.
• Medical Examination: If you have been physically harmed, get a medical examination done at a government hospital and secure a copy of the Medico-Legal Case (MLC) report.
• 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

Several laws in India are designed to protect individuals in such situations:

• The Bharatiya Nyaya Sanhita, 2023 (BNS): Section 85 of the BNS deals with cruelty by a husband or his relatives. This is a criminal offense and can lead to imprisonment. The acts of mental, emotional, and physical harassment described fall squarely under this section.
• The Protection of Women from Domestic Violence Act, 2005 (DV Act): This is a civil law that provides comprehensive and swift relief. Under this Act, you can seek several orders from the court, including:
  • Protection Orders: To stop the abuser(s) from committing any further acts of violence.
  • Residence Orders: To secure your right to live in the shared household, or to have the abuser removed from it.
  • Monetary Relief: To claim maintenance for yourself and your children, and compensation for the abuse suffered.
  • Custody Orders: To get temporary custody of your children.
• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 144 (previously Section 125 CrPC) provides a legal avenue for a wife and children to claim maintenance from the husband, irrespective of a divorce proceeding.
• Guardians and Wards Act, 1890: For permanent custody of children, a petition can be filed under this Act. The court’s primary and paramount consideration is always the welfare and best interests of the child. A mother is generally preferred for the custody of young children.
• Indian Contract Act, 1872: Any agreement or document signed under coercion, duress, or undue influence is not legally valid and can be challenged and declared void by a court of law.

If you are the complainant

As the person initiating legal action, you need to be strategic and well-prepared.

• Filing an FIR: You can approach the local police station and file a First Information Report (FIR) under Section 85 of the BNS for cruelty.
• Complaint to Magistrate: If the police refuse to register an FIR, you can file a private complaint directly with the local Magistrate under Section 220 of the BNSS.
• DV Act Petition: You can file a petition before the Magistrate under the Domestic Violence Act to seek immediate relief like protection orders and interim maintenance. This is often the fastest route to ensure safety and financial support.
• 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

As the victim, your focus should be on breaking the cycle of abuse and establishing a safe future for yourself and your children.

• Document Everything: Keep a detailed journal of incidents of abuse, including dates, times, what was said or done, and who was present. This can be valuable evidence.
• Seek Protection: Do not hesitate to use the law to your advantage. A protection order under the DV Act can be a powerful tool to keep abusers at a distance.
• Child Custody: File for interim custody of your children at the earliest opportunity. Indian courts prioritize the welfare of the child and generally believe that young children are best cared for by their mother, unless there are compelling reasons to the contrary.
• Financial Independence: File for maintenance for yourself and your children under the DV Act and/or Section 144 of the BNSS to ensure you have the financial means to support them.
• 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 response in matrimonial disputes can vary. Legally, they are obligated to register an FIR when a cognizable offense like cruelty under Section 85 BNS is reported. However, in practice, they might first refer the case to the Crime Against Women (CAW) Cell or a mediation center for counseling and reconciliation. While this is a standard procedure, you have the right to insist on the registration of an FIR if you feel that a crime has been committed. If the police are uncooperative, you can approach a senior officer, such as the Superintendent of Police (SP), or file a complaint with the Magistrate.

FAQs people normally have

Can I get custody of both my children even if my in-laws are pressuring me to give one up?
Yes. Any agreement on child custody made under pressure is not binding. The final decision rests with the court, which will only consider the welfare of the children. A mother’s right to custody, especially for young children, is very strong.

Are the legal documents I was forced to sign valid?
No. Documents signed under coercion, threat, or undue influence can be challenged in court and declared void. Your lawyer can help you file the necessary application to have them set aside.

How can I protect my parents from the threats made by my in-laws?
When you file a complaint or a petition under the DV Act, you can name your parents as aggrieved persons who are also being harassed. The court can issue protection orders that prohibit your husband and in-laws from contacting or threatening your parents as well.

What evidence is required?

The more evidence you have, the stronger your case will be. Crucial evidence includes:

• Digital Evidence: Audio and video recordings, CCTV footage, threatening text messages, emails, and social media posts.
• Medical Evidence: Medico-Legal Reports (MLC) or any doctor’s prescriptions and reports detailing physical injuries.
• Documentary Evidence: Any documents you were forced to sign, photographs, and call records.
• Witness Testimony: Statements from your parents, friends, neighbours, or anyone else who has witnessed the abuse or its aftermath.

How long will the investigation take?

The duration of legal proceedings can vary significantly. A case under the Domestic Violence Act is intended to be disposed of quickly, ideally within 60 days, but court backlogs can cause delays. A criminal investigation following an FIR also takes time, depending on the complexity of the case and the efficiency of the investigating agency. An experienced lawyer can help navigate the procedures efficiently and press for timely hearings and relief.

Advocate Sudhir Rao, Supreme Court of India