One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mrs. X approached me regarding her matrimonial dispute. She had been married to Mr. Y for 13 years. Mr. Y was a successful startup founder with substantial wealth, though most assets were not held in his personal name. He had been maintaining an extramarital relationship with Ms. Z, an employee from his company X.startup. Mr. Y was living with Ms. Z openly while simultaneously pressuring Mrs. X to agree to a mutual consent divorce. He was also threatening to transfer all assets to avoid paying maintenance. Mrs. X was being subjected to mental cruelty and emotional abuse. She wanted to know her legal rights regarding divorce proceedings, maintenance, child custody, and recovery of her share in marital property. The case involved complex issues of asset concealment and workplace relationships.

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 to 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 all evidence of extramarital affair and mental cruelty immediately
• Gather financial documents showing husband’s true income and asset ownership
• Do not agree to mutual consent divorce under pressure without proper legal advice
• File for maintenance under Section 125 CrPC while divorce proceedings are pending

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), adultery provisions and criminal intimidation sections apply. The Hindu Marriage Act governs divorce grounds including adultery under Section 13(1)(i) and cruelty under Section 13(1)(ia). Maintenance rights are covered under Section 125 of Bharatiya Nagarik Suraksha Sanhita (BNSS). Property rights fall under the Hindu Succession Act. BNS Section 85 deals with criminal intimidation while BNS Section 351 covers assault. The Protection of Women from Domestic Violence Act provides additional remedies for maintenance and residence rights.

If You Are the Complainant

• File a complaint under the Protection of Women from Domestic Violence Act for immediate relief
• Seek interim maintenance under BNSS Section 125 before filing divorce petition
• Gather evidence of husband’s extramarital relationship through photographs, messages, and witness statements
• File RTI applications to trace hidden assets and income sources
• Apply for restraining orders to prevent asset transfer or disposal

If You Are the Victim

• Immediately approach the nearest women’s helpline or protection officer
• File FIR for criminal intimidation and domestic violence if threatened
• Seek protection orders from the magistrate to ensure your safety
• Document all instances of mental cruelty and emotional abuse with dates and witnesses
• Apply for residence rights to continue living in the matrimonial home

How the Police Behave in Such Cases

Police typically treat matrimonial disputes as civil matters initially. They may attempt to mediate and suggest mutual resolution. However, when criminal intimidation, domestic violence, or dowry harassment complaints are filed, they are legally bound to register FIR. Police often advise victims to approach family courts first. In cases involving threats or physical violence, immediate protection is provided under domestic violence laws.

FAQs People Normally Have

Can I get maintenance if husband files for mutual consent divorce? Yes, maintenance can be claimed even in mutual consent divorce through negotiation or court intervention.

How to prove adultery in court? Through photographs, videos, witness testimonies, phone records, hotel receipts, and social media evidence.

Can husband transfer all assets to avoid paying maintenance? No, courts can set aside fraudulent transfers made to defeat wife’s legitimate claims.

What if husband refuses to pay interim maintenance? Court can attach salary, bank accounts, or order imprisonment for willful default.

What Evidence Is Required?

• Photographs and videos showing husband with girlfriend
• WhatsApp messages, call records, and email communications
• Bank statements, income tax returns, and financial documents
• Witness statements from neighbors, friends, or relatives
• Medical records documenting mental trauma or physical abuse
• Property documents and business registration papers
• Social media posts and public appearances together

How Long Will the Investigation Take?

Investigation in matrimonial cases typically takes 3-6 months for evidence collection. Police inquiry for domestic violence complaints concludes within 60 days. Court proceedings for divorce can extend 1-3 years depending on complexity. Interim orders for maintenance and protection are usually granted within 2-4 weeks of application filing.

Advocate Sudhir Rao, Supreme Court of India