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

Ms. Aditi, a woman in her early thirties residing in the town of Rajnagar, found herself in an unbearable position. Her deeply conservative parents were insistently pressuring her to marry Mr. Varun, a man living abroad whom she had only interacted with a few times. The core of Aditi’s distress was a secret she felt unable to share with her family: she is a lesbian and has no romantic or physical attraction to men. Her attempts to confide in her siblings were met with judgment and threats to keep her secret, leaving her feeling completely isolated.

The constant pressure to accept the marriage proposal from Varun, who was persistently trying to connect with her, filled her with disgust and despair. The prospect of a life in a loveless marriage felt like a life sentence, leading her to have dark thoughts. Knowing she could never be happy or truly be herself with a man, Aditi began desperately searching for information on her legal options for divorce, should the marriage be forced upon her. She wondered if her sexuality could be a valid ground for dissolving the marriage and whether a divorce obtained in another country would be recognized in India.

Advice in such cases

Being forced into a marriage against your will and sexual orientation is a form of extreme mental and emotional cruelty. It is crucial to understand your rights and the available legal remedies before, during, and after such a marriage.

• Do not consent to the marriage under duress. While easier said than done, making your unwillingness clear is the first step.
• Seek support from trusted friends, professional counsellors, or support groups who can provide emotional strength.
• Document everything. Keep records of any communication that demonstrates the pressure and coercion you are facing from your family.
• Understand the legal grounds for annulment and divorce before making any decisions.
• 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

The primary law governing such a situation for Hindus is the Hindu Marriage Act, 1955. While sexual orientation is not explicitly listed as a ground for divorce, the consequences arising from it are legally recognized grounds.

• Section 12(1)(a) of the Hindu Marriage Act, 1955: This section allows for the annulment of a marriage if it has not been consummated owing to the impotence of the respondent. If you refuse to consummate the marriage due to your sexual orientation, the other party could file for annulment. Conversely, non-consummation is a key fact that can be used to declare the marriage voidable.
• Section 13(1)(ia) of the Hindu Marriage Act, 1955: This is a crucial section that allows for divorce on the ground of cruelty. The Supreme Court of India has a very broad interpretation of “mental cruelty.” Forcing someone into a marriage against their sexual orientation, causing immense mental anguish, emotional distress, and psychological suffering, is a very strong ground for establishing mental cruelty.
• Bharatiya Nyaya Sanhita (BNS): While divorce is a civil matter, if the coercion involves criminal threats, intimidation, or confinement, relevant sections of the BNS could be invoked, but the core issue of dissolving the marriage remains within the purview of family law.

If you are the complainant

If you are the person being forced into the marriage and wish to seek legal recourse later:

• Your primary grounds would be to seek an annulment for non-consummation or file for divorce on the grounds of mental cruelty.
• The fact that the marriage was forced upon you despite your lack of attraction and consent to the relationship forms the basis of your case for cruelty.
• Gather all possible evidence of your distress. This could include personal journals, emails or messages to friends, or medical records from a therapist or counsellor.
• 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 of a forced marriage, your well-being is the priority. The law provides a way out.

• You do not have to endure a marriage that causes you profound suffering. The courts are increasingly sensitive to issues of individual autonomy and mental health.
• The act of being forced into a marriage is the foundational act of cruelty. Every day you are forced to live a life that is not authentic to you adds to this cruelty.
• Do not be afraid to state the truth in your divorce petition. While you do not have to explicitly state your sexual orientation if you are not comfortable, you can state that you had no attraction to your spouse and the marriage was never consummated, causing you immense mental pain.
• 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 and annulment are civil matters handled by Family Courts, so the police have a limited role. They do not get involved in divorce proceedings. However, their role becomes critical if there is an element of criminality. If your family is using threats, illegal confinement, or physical violence to force you into the marriage, you can file a police complaint. The police are obligated to register a First Information Report (FIR) under relevant sections of the Bharatiya Nyaya Sanhita (BNS) for offences like criminal intimidation or wrongful confinement. However, for the process of dissolving the marriage itself, you must approach the Family Court.

FAQs people normally have

Can I get a divorce on the grounds of my sexuality?

While “being lesbian/gay” is not a direct ground for divorce listed in the law, the consequences are. You can file for divorce on the ground of “mental cruelty,” arguing that being forced into a heterosexual marriage against your orientation has caused you severe mental trauma. Alternatively, if the marriage is not consummated, it can be annulled.

If I am married in India, is it possible to get divorced abroad?

Yes, it is possible, but its validity in India is subject to Section 13 of the Civil Procedure Code, 1908. For a foreign divorce decree to be recognized in India, it must have been granted by a court of competent jurisdiction, on grounds that are also recognized in India (like cruelty), and the proceedings must have followed the principles of natural justice. It is a complex issue, and an improperly obtained foreign divorce may not be considered valid in India, potentially leading to complications later. It is highly advisable to consult with a lawyer who specializes in international family law.

What evidence is required?

To prove mental cruelty, you would need evidence to substantiate your claims. This can include:

• Personal Testimony: Your own detailed account of the pressure from your family and your emotional state.
• Communications: Emails, text messages, or letters to friends or family where you expressed your unwillingness and distress about the marriage.
• Witnesses: Testimony from friends, counsellors, or anyone you confided in about your situation.
• Psychological Evaluation: A report from a mental health professional can be powerful evidence to show the impact of the forced marriage on your mental health.
• Proof of Non-Consummation: Your testimony is key. While medical evidence can sometimes be used, it is not always necessary or conclusive.

How long will the investigation take?

Since divorce is a civil proceeding, there isn’t an “investigation” in the criminal sense. The process is handled through the Family Court. The duration depends on the type of divorce:

• Mutual Consent Divorce: If both parties agree to separate, this is the fastest route. It involves a mandatory waiting period of six months after the first motion is filed. The entire process can be completed within 6-18 months.
• Contested Divorce: If one party files for divorce and the other opposes it (e.g., on the grounds of cruelty), the process can be lengthy. It involves filing a petition, replies, evidence, cross-examination, and arguments. A contested divorce in India can take anywhere from two to several years to be finalized.

Advocate Sudhir Rao, Supreme Court of India