This situation involves Ms. Priya, who is trapped in a distressing and dangerous marriage. After a love marriage a few years ago, she discovered her husband, Mr. Rakesh, was not only financially unstable but also involved in large-scale international scamming operations. Using the proceeds from these illicit activities, he established a luxury resort in a city called Suryanagar.

The marriage quickly turned abusive. Mr. Rakesh subjected Priya to severe physical violence, once causing injuries that required medical attention, though she was too intimidated to file a police complaint at the time. Her mother-in-law was equally cruel, and they coerced her into giving up her wedding jewelry to finance the resort project. Periodically, Mr. Rakesh would abandon her, sending her back to her father’s home in the city of Chandrapur.

Priya lacks a strong family support system. Her elderly father is unwell, and other relatives are unable to assist. For the past year, Mr. Rakesh has completely deserted her, cutting off all contact. Recently, she received devastating news from mutual acquaintances: Mr. Rakesh has married another woman, Ms. Sunita, and they now have a child together.

Priya is emotionally shattered and fears for her life, knowing that Mr. Rakesh has numerous criminal cases pending against him and is capable of retaliation. Her previous attempts to seek help from the police and the State Women’s Commission were futile, as her complaints were dismissed as a “family dispute.” She desperately wants a divorce and to hold him accountable, but feels helpless due to a lack of direct evidence and financial resources.

Advice in such cases

Navigating such a complex and dangerous situation requires a calm and strategic approach. The priority must be the victim’s safety and well-being while methodically building a case.

• Prioritize Safety: Before taking any legal action, ensure you are in a safe place, away from the abuser. Inform trusted friends or contacts about your situation and whereabouts.
• Document Everything: Keep a detailed journal of all incidents of abuse, cruelty, and abandonment, including dates, times, and specific details. Preserve any threatening messages, emails, or call recordings.
• Gather Indirect Evidence: Collect any proof of your husband’s financial transactions, his business dealings, and his second marriage. This could include social media posts, photographs, or statements from mutual acquaintances.
• 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

Under the new Indian legal framework, several provisions can be invoked:

• The Protection of Women from Domestic Violence Act, 2005: This is a civil law designed to provide immediate relief. A victim can seek protection orders, residence orders, monetary relief, and custody orders.
• Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section addresses cruelty by a husband or his relatives. It is a criminal offense and can lead to imprisonment.
• Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section criminalizes bigamy (marrying again during the lifetime of a spouse). A complaint can be filed to prosecute the husband for this offense.
• Sections 114 & 115 of the Bharatiya Nyaya Sanhita (BNS), 2023: These sections deal with voluntarily causing hurt and grievous hurt. Past incidents of physical assault can be reported under these provisions.
• Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023: If the husband has threatened the victim with harm, a case for criminal intimidation can be filed under this section.
• Grounds for Divorce: Under the Hindu Marriage Act, 1955, cruelty, desertion (for a period of at least two years), and bigamy are strong grounds for seeking a divorce.

If you are the complainant

If you are helping a friend or relative in this situation, your role is to provide support and help them navigate the system.

• Assist in Documentation: Help the victim organize all evidence, create a timeline of events, and write down a clear, concise statement.
• Accompany them to Meetings: Your presence can provide moral support during meetings with lawyers and at the police station.
• Identify the Correct Jurisdiction: A complaint should be filed where the victim permanently or temporarily resides, where the respondent resides, or where the domestic violence took place.
• 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

Your safety and legal rights are paramount. Taking structured steps is crucial for a successful outcome.

• File for Interim Protection: Your first legal step should be to file an application under the Domestic Violence Act. The court can grant ex-parte (without hearing the other side) protection orders to ensure your immediate safety.
• Register an FIR: Approach the police to file a First Information Report (FIR) for the criminal offenses committed, such as cruelty (BNS Section 85), bigamy (BNS Section 82), and assault (BNS Sections 114/115).
• File for Divorce and Maintenance: Simultaneously, you can initiate divorce proceedings on the grounds of cruelty, desertion, and adultery/bigamy. You can also claim interim maintenance for your living expenses during the legal proceedings.
• 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

It is unfortunately common for the police to initially dismiss such complaints as “family matters” or show reluctance to register an FIR. If this happens, you have other remedies. You can send a written complaint via registered post to the Superintendent of Police (SP) or a higher-ranking officer. If no action is taken, your lawyer can file a complaint directly with the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, who can then order the police to register an FIR and investigate the matter.

FAQs people normally have

Here are answers to some common questions in such situations:

• Can I file for divorce based on cruelty and desertion without photos or videos?
  Yes. Your testimony as the victim is a crucial piece of evidence. The court also considers circumstantial evidence, witness statements (if any), and patterns of behavior. A lack of “hard proof” is not a bar to seeking divorce.
• How can I prove bigamy without a marriage certificate for the second marriage?
  Proof can be established through various means: photographs of the second wedding, social media posts announcing the marriage, the birth certificate of the child from the second marriage (which would name your husband as the father), or testimonies from people who attended the wedding or know them as a married couple.
• Is it possible to file a criminal case for physical abuse that happened in the past?
  Yes, you can file a case for past incidents of assault and cruelty. While a delay in reporting might be questioned by the defense, it can be reasonably explained by citing fear, intimidation, and emotional manipulation by the abuser, which are common in domestic violence cases.
• How can I protect myself legally and physically from retaliation?
  The most effective tool is a protection order under the Domestic Violence Act, which legally prohibits the husband from contacting, threatening, or coming near you. Any violation of this order is a criminal offense. You should also inform the police of any threats immediately.

What evidence is required?

While your testimony is primary, the following can strengthen your case:

• Medical records or reports detailing injuries from physical abuse.
• Testimonies from friends, neighbors, or family members who witnessed the abuse or its aftermath.
• Any electronic communication like emails, text messages, or call recordings that contain threats, admissions of guilt, or evidence of cruelty.
• Financial records that show he has not provided any support (proof of desertion).
• Any available evidence of his second marriage and child.
• Information about his ongoing criminal cases, which can be used to establish his character and propensity for unlawful behavior.

How long will the investigation take?

The duration of legal proceedings can vary significantly. Cases under the Domestic Violence Act are intended to be fast-tracked, and you can get interim relief like protection and maintenance orders within a few hearings. Criminal investigations and trials, as well as divorce proceedings, can be more time-consuming, often taking several years to conclude. However, a skilled lawyer can ensure that the process moves efficiently and that your immediate needs for safety and financial support are met while the cases are ongoing.

Advocate Sudhir Rao, Supreme Court of India