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

A client, Mrs. Anjali, recently approached our office with a distressing marital situation. She married Mr. Sameer in early 2023 after a long courtship. The couple was blessed with a baby boy in late 2024. During her third month of pregnancy, Anjali, requiring complete bedrest, moved to her parents’ home in the city of Suryanagar, accompanied by her husband. However, Sameer soon returned to his family’s residence in the distant town of Chandrapur, and his visits became infrequent.

After the child’s birth, Sameer demanded that Anjali resign from her job to be a full-time mother. When she refused, he made her return to his home conditional on her providing a screenshot of her resignation email. His last visit to see his wife and child was in March 2025, after which he and his family severed all contact, blocking her on all communication platforms.

The marriage was marred by various forms of abuse:

• Physical Abuse: Sameer assaulted Anjali on multiple occasions, including during their honeymoon. When his family was informed, they dismissed the violence, stating that such behavior was normal and that a wife should silently adjust. He also physically assaulted Anjali’s sister when she intervened during a verbal altercation.
• Financial Abuse: Sameer coerced Anjali into taking a personal loan to purchase a car registered in his name. She has been solely paying the monthly installments (EMIs), including a significant down payment, even during her unpaid maternity leave. She does not know how to drive and does not possess a driver’s license. Shockingly, Sameer refused to use this car to take her to the hospital for her scheduled C-section delivery.
• Verbal and Emotional Abuse: Anjali and her family were subjected to constant verbal abuse. Sameer repeatedly threatened divorce if she did not quit her job, a demand echoed by his entire family.

In response to a legal notice from Sameer’s lawyer alleging cruelty from Anjali and her mother, she, through her counsel, refuted all claims and proposed conditions for reconciliation. These included an end to all abuse, a commitment that she would not be forced to leave her job, the transfer of the car and its associated loan to Sameer’s name, and a formal request from him or his parents to escort her and the baby back to the matrimonial home. After receiving no response, she has now been served a court notice, revealing that Sameer has filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging cruelty. The case has been filed in Chandrapur, a city over twelve hours away from her current residence in Suryanagar.

Advice in such cases

Navigating a contested divorce, especially one filed on false grounds in a distant jurisdiction, can be daunting. A strategic legal approach is crucial.

• 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.
• Gather and Organize Evidence: Systematically compile all evidence, including audio/video recordings, bank statements proving financial contributions, screenshots of messages, emails, and a list of potential witnesses.
• Do Not Engage Directly: Cease all direct communication with the opposing party and their lawyer. All communication must be routed through your advocate to avoid making any statements that could be used against you.
• Seek Transfer of the Case: Given the distance and inconvenience, especially with a young child, filing a Transfer Petition in the Supreme Court of India to move the case to your local jurisdiction is a priority. The convenience of the wife is generally given precedence in such matters.

Applicable Sections of Law

Several legal provisions are relevant in such scenarios:

• Section 13(1)(ia) of the Hindu Marriage Act, 1955: This is the provision under which the husband has filed for divorce, alleging cruelty. To defend this, you must demonstrate that the allegations are false and that, in fact, you were the one subjected to cruelty.
• Section 85 & 86 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section (formerly Section 498A IPC) deals with the criminal offense of cruelty inflicted upon a woman by her husband or his relatives. You can initiate criminal proceedings under this section.
• The Protection of Women from Domestic Violence Act, 2005: This civil law provides a broad range of reliefs, including protection orders, residence orders, monetary relief, and custody orders. It covers physical, financial, verbal, and emotional abuse.
• Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This provision (formerly Section 125 CrPC) allows a wife to claim maintenance for herself and her minor child if she is unable to maintain herself.
• Section 24 of the Hindu Marriage Act, 1955: This allows you to claim interim maintenance (maintenance pendente lite) from your husband to cover your living expenses and the costs of litigation during the divorce proceedings.
• Section 24 & 25 of the Code of Civil Procedure, 1908: These sections, particularly Section 25, empower the Supreme Court to transfer any case, suit, or proceeding from one High Court or Civil Court in one state to another in a different state for the ends of justice.

If you are the complainant

If you are the one initiating a divorce on grounds of cruelty, the burden of proof lies on you. You must present clear and convincing evidence to the court that your spouse’s conduct was of such a nature that it is impossible for you to continue living with them. This involves filing a detailed petition with specific instances of cruelty, supported by documentary or testimonial evidence. A well-prepared case from the outset is critical for success.

If you are the victim

As the respondent in a falsely filed divorce case and a victim of abuse, you have multiple legal avenues to protect your rights and seek justice.

• 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 Strong Reply: Your lawyer will help you draft a detailed and robust reply (written statement) to the divorce petition, denying all false allegations and presenting your version of the facts, detailing the cruelty you have faced.
• Initiate a Transfer Petition: Immediately file a Transfer Petition before the Supreme Court of India to have the divorce case moved to a court in your city. This is a standard procedure, and the courts are generally sympathetic to the wife’s plea, especially when a minor child is involved.
• Claim Maintenance: File applications for interim maintenance under Section 24 of the Hindu Marriage Act in the divorce case itself, and also consider filing a separate case for maintenance under Section 144 of the BNSS.
• File a Domestic Violence Case: Initiate proceedings under the Protection of Women from Domestic Violence Act, 2005, to seek protection orders, monetary relief for expenses incurred due to abuse, and orders regarding the right to residence.
• Consider Criminal Action: Based on the evidence of physical and mental harassment, you can file a criminal complaint with the police, leading to an FIR under Section 85/86 of the BNS against the husband and his complicit family members.

How the police behave in such cases

When you approach the police with a complaint of matrimonial cruelty, their first step is often to refer the matter to the Crime Against Women (CAW) Cell or a mediation center for attempted reconciliation. This is a procedural step. However, if your complaint clearly discloses the commission of a cognizable offense like assault or criminal intimidation, the police are duty-bound to register an FIR. It is crucial that your complaint is well-drafted and clearly lists all instances of abuse with dates and details. Having a lawyer assist in drafting the complaint can be very effective.

FAQs people normally have

What evidence is required?

A husband’s false claim of cruelty can be effectively countered with strong evidence. The court will consider:

• Documentary Evidence: Bank statements showing EMIs being paid from your account for the car, loan documents, emails, and text/WhatsApp messages containing threats or abuse.
• Digital Evidence: Audio and video recordings of abusive incidents. The admissibility of such evidence is subject to certain legal requirements, such as proving their authenticity.
• Testimonial Evidence: Testimony from you, your sister, parents, or any other friends or relatives who witnessed the abuse.
• Medical Evidence: If you sought medical attention after any physical abuse, those records are powerful evidence.

How long will the investigation take?

Legal proceedings in India can be protracted. A contested divorce case can take several years to conclude, passing through stages of pleadings, evidence, cross-examination, and final arguments. The police investigation following an FIR also has its own timeline, which can vary depending on the complexity of the case and the efficiency of the investigating agency. However, interim reliefs like maintenance and protection orders are usually decided much faster to provide immediate support to the victim.

Advocate Sudhir Rao, Supreme Court of India