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.

Ms.X, a 27-year-old woman, moved to Country A on a student visa. In DD/MM/YYYY, she got engaged to Mr.Y through an arranged setup. Both were residing in different cities at the time. Their relationship had challenges, with both having tempers, but nothing appeared extreme initially. After marriage registration in Country A, Mr.Y sent separation papers to Ms.X and demanded that her parents sign an agreement stating they would not file any domestic violence case against him. This unusual demand raised serious concerns about potential abuse and coercion. The situation created immense stress for Ms.X and her family, who were unsure about their legal rights and remedies available under Indian law for such marital disputes and potential domestic violence scenarios.

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.

Never sign any agreement under pressure or coercion, especially one that waives your fundamental rights to seek legal remedies for domestic violence. Document all communications and threats made by your husband. Preserve evidence of any abusive behavior, including messages, emails, or witness statements. Contact women’s helplines and support groups for immediate assistance and counseling.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 85 deals with cruelty by husband or relatives, making it a cognizable offense punishable with imprisonment. Section 351 covers criminal intimidation, applicable when someone threatens to cause harm to reputation or property. Section 308 addresses culpable homicide when threats escalate dangerously. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 provides procedures for recording statements of victims, while Section 183 ensures protection of witnesses and complainants in domestic violence cases.

If You Are the Complainant

• File an FIR immediately at the nearest police station for domestic violence and criminal intimidation
• Approach the Protection Officer under the Domestic Violence Act for immediate relief and protection orders
• Gather all evidence including threatening messages, separation papers, and witness testimonies
• Apply for maintenance and residence orders through family court while proceedings are ongoing
• Seek counseling and medical documentation if physical or mental abuse has occurred

If You Are the Victim

• Ensure your immediate safety by staying with trusted family members or friends
• Contact domestic violence helplines for emotional support and legal guidance
• Document all incidents of abuse or threatening behavior with dates and details
• Inform trusted relatives and friends about your situation for support network
• Consider temporary restraining orders if you feel threatened or unsafe

How the Police Behave in Such Cases

Police typically treat domestic violence cases with increasing seriousness due to legal mandates. They are required to register FIRs for domestic violence complaints and cannot refuse based on jurisdictional issues. Officers may attempt mediation initially but must proceed with investigation when criminal acts are reported. Some officers might still show reluctance, requiring persistence from complainants. Police must ensure victim protection and can arrest accused without warrant in domestic violence cases.

FAQs People Normally Have

Can parents be forced to sign such agreements? No, any agreement signed under coercion is legally invalid and unenforceable.

Is demanding such agreements a crime? Yes, it constitutes criminal intimidation and coercion under BNS.

Can I file a case if marriage was registered abroad? Yes, Indian courts have jurisdiction over Indian citizens for domestic violence cases.

Will signing affect my rights? Even if signed under pressure, such agreements cannot waive your fundamental right to seek legal remedies for domestic violence.

What Evidence Is Required?

• Original separation papers and demanded agreement documents
• Screenshots or recordings of threatening conversations or messages
• Witness statements from family members who received demands
• Medical records if physical abuse occurred
• Financial records showing economic abuse or control
• Email communications showing pattern of coercive behavior
• Marriage certificate and related documentation

How Long Will the Investigation Take?

Domestic violence investigations typically take 2-6 months depending on complexity and evidence availability. Police must complete investigation within 90 days as per BNSS guidelines, though extensions are possible. Court proceedings may extend timeline, but interim protection orders can be obtained quickly. Emergency cases receive faster attention, especially when immediate safety concerns exist.

Advocate Sudhir Rao, Supreme Court of India