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

Mr. Alok Verma, a respected employee at a public sector company in Jayanagar, finds himself in a deeply distressing marital situation. He is the father of two sons, Rohan (21) and Sameer (10). His wife, Mrs. Kavita Verma, has a documented history of infidelity and abusive behaviour. A couple of years ago, she abandoned the matrimonial home to live with another man, one of several such instances of adultery with different individuals. Despite having concrete evidence of her affairs, including photographs, videos, and witness testimonies, Mr. Verma is currently being compelled by a court order to pay her monthly maintenance.

Mrs. Verma, who is currently residing with her mother, refuses to consent to a divorce while continuing to claim maintenance. Over the years, Mr. Verma endured significant abuse, including physical assaults and threats with weapons, which he never reported to the police to shield his children from trauma and social stigma. The situation reached a breaking point when his elder son, Rohan, gave him an ultimatum: choose between his children or his wife. This compelled Mr. Verma to seek a legal end to the marriage. However, he is now caught in a prolonged legal battle, paying maintenance to a wife who has been unfaithful, abusive, and has abandoned the family.

Advice in such cases

Navigating such a complex and emotionally draining situation requires a strategic and informed approach. If you are in a similar position, here are the immediate steps you should consider:

• Gather All Evidence: Systematically collect and organize all proof of adultery and cruelty. This includes photos, videos, text messages, emails, call records, and statements from any witnesses who can corroborate your claims.
• Document Everything: Keep a detailed journal of all incidents of abuse, abandonment, and any communication with your spouse. Note down dates, times, and specific details of events. This documentation can be crucial in court.
• Secure Your Finances: While you must comply with court-ordered maintenance, it is wise to get a clear picture of your financial situation. Compile records of your income, expenses, and assets.
• Focus on the Child’s Welfare: The court’s primary concern in custody matters is the child’s well-being. Gather evidence that demonstrates you are the more stable and capable parent, and that the child’s welfare may be at risk with the other parent.
• File for Divorce Immediately: Do not delay initiating legal proceedings. File a petition for divorce on the grounds of both cruelty and adultery. A strong, evidence-backed petition sets the tone for the entire case.
• Challenge the Maintenance Order: File an application in the appropriate court to modify or cancel the maintenance order, presenting the proof of your wife’s adultery and desertion.
• 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

Understanding the legal framework is essential. The primary laws governing such cases in India are:

• The Hindu Marriage Act, 1955: Section 13(1)(i) allows for divorce on the ground of adultery. Section 13(1)(ia) allows for divorce on the ground of cruelty, which includes both physical and mental torment.
• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 144 of the BNSS deals with maintenance for wives, children, and parents. Crucially, Section 144(4) states that a wife shall not be entitled to receive an allowance from her husband if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband. This section is a powerful tool for husbands in such situations.
• The Guardians and Wards Act, 1890: This Act, along with the Hindu Minority and Guardianship Act, 1956, governs the custody of children. The paramount consideration under these laws is the welfare of the child.

If you are the complainant

As the person initiating the divorce (the complainant or petitioner), your actions must be precise and backed by solid evidence.

• Draft a Strong Petition: Your divorce petition must clearly and chronologically narrate all instances of cruelty and adultery. Each claim should be supported by corresponding evidence.
• File Multiple Applications: Along with the main divorce petition, your lawyer should file separate applications for interim relief, such as seeking a stay on the maintenance order and applying for the custody of your child.
• Present Evidence Effectively: The evidence of adultery and cruelty must be presented to the court in a clear and admissible format. Witness testimonies should be prepared and submitted to strengthen your case.
• Seek Custody: File a petition for the custody of your child, highlighting why it is in the child’s best interest to be with you. Provide evidence of the other parent’s unsuitability, if any.
• 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

Being a victim of marital abuse and infidelity is traumatic. It is vital to protect yourself legally and emotionally.

• Prioritize Your Safety: If you are facing physical threats, your immediate safety is the priority. Do not hesitate to contact the police in case of an emergency.
• Seek Legal Protection: File for divorce on grounds of cruelty. The law recognizes that mental and emotional abuse can be as damaging as physical violence.
• Challenge Maintenance Claims: You are not legally obligated to support a spouse who is living in adultery. Use Section 144(4) of the BNSS to challenge any claims for maintenance.
• Build a Support System: Lean on trusted family members and friends for emotional support. The legal process can be long and taxing.
• 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

Often, there is a societal bias that men cannot be victims of domestic violence, and police may sometimes be hesitant to register a First Information Report (FIR) filed by a husband against his wife for cruelty. However, for serious offences like attempt to commit culpable homicide or causing grievous hurt, they are legally bound to take action. If the police refuse to register an FIR for a cognizable offence, you have the right to approach the Superintendent of Police. If that fails, your lawyer can file an application under Section 175(3) of the BNSS before the Magistrate, who can direct the police to register the FIR and investigate the matter.

FAQs people normally have

Can a husband get a divorce on grounds of cruelty and adultery?
Yes. Both adultery and cruelty are valid and strong grounds for divorce under Section 13 of the Hindu Marriage Act, 1955. If proven with sufficient evidence, the court can grant a decree of divorce.

Is it possible to stop paying maintenance if the wife has committed adultery?
Yes. Section 144(4) of the BNSS explicitly states that a wife living in adultery is not entitled to maintenance. You must file an application in court with proof of adultery to get the maintenance order cancelled.

Should a police complaint be filed for past acts of violence?
While there might be a delay, you can still file a police complaint for past acts of violence, especially for serious offences. A registered FIR can serve as strong evidence of cruelty in your divorce case. Your lawyer can advise on the best strategy for this.

How can a father get custody of his child?
You can file a petition for custody under the Guardians and Wards Act, 1890. The court will decide based on the “welfare of the child.” You need to prove that you can provide a more stable, safe, and nurturing environment for the child’s physical and emotional well-being compared to the other parent.

What evidence is required?

To build a strong case, the following evidence is crucial:

• For Adultery: Photographs or videos of the spouse with the other person in compromising positions, hotel bills, travel records, call detail records (CDRs), chat histories (like WhatsApp), and most importantly, witness statements.
• For Cruelty: Medical reports of injuries, photographs of injuries, police complaints (if any), recordings of abusive conversations, and testimony from family members or friends who have witnessed the abuse.
• For Child Custody: School records, medical records, evidence of your involvement in the child’s life (photos, report cards), and proof of a stable home environment. Evidence showing the other parent’s neglect or unsuitability is also vital.

How long will the investigation take?

The duration of a contested divorce case in India can vary significantly, often taking several years. However, the timeline can be influenced by several factors. A case built on strong, irrefutable evidence like clear proof of adultery can move faster. The efficiency of the court, the complexity of the issues (like custody and property disputes), and the tactics used by the opposing side all play a role. A skilled lawyer can help navigate the procedures efficiently to expedite the process as much as possible.

Advocate Sudhir Rao, Supreme Court of India