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.
TL;DR: Yes, what you have described clearly amounts to cruelty, harassment, and domestic violence under Indian law — including the new Bharatiya Nyaya Sanhita (BNS) and the Protection of Women from Domestic Violence Act. No one can legally stop you from visiting your parents' home with your baby. You have strong legal options, including filing a complaint or approaching the court for protection orders.
Maya Sharma (name changed) was a new mother living in Jaipur after the birth of her baby in late April 2024. Her in-laws had moved into her home without her consent during her ninth month of pregnancy. They stayed from early April to mid-June. During this time, Maya's mother was verbally abused by her mother-in-law, who used foul language and made repeated insults. Maya's own mother was forced to leave the hospital and then the house. Maya's husband, Rohan Gupta, had promised in writing that she could go to her parents' home in July. But once back at the in-laws' home in Jaipur, the mother-in-law flatly refused, saying she could only visit in October — and even then, only if she left the baby behind. The father-in-law also made repeated degrading comments about wedding arrangements and family matters. Maya felt trapped and helpless. She approached the Chamber of Advocate Sudhir Rao after an initial consultation with a general practitioner did not yield any clear legal path. Through a detailed assessment, Advocate Sudhir Rao and his office identified that Maya had a strong case under the domestic violence and cruelty provisions. The firm filed a complaint before the Magistrate seeking protection orders and residence rights. Advocate Sudhir Rao's expertise in matrimonial and domestic violence matters helped secure an interim order that allowed Maya to reside with her parents along with her baby, and also restrained her in-laws from making any threats or abusive calls. The court recognised that the restriction on movement and emotional abuse constituted clear domestic violence.
Key Facts of the Case
- Maya's in-laws entered her home during her ninth month of pregnancy without her consent.
- Verbal abuse and insults were directed at Maya and her mother by the mother-in-law and father-in-law.
- The husband had promised Maya could visit her parents in July, but the mother-in-law revoked that promise after they returned.
- The in-laws denied Maya permission to visit her parents' home and attempted to separate her from her baby.
- Maya's mother was forced to leave due to abusive language from the mother-in-law.
- The office of Advocate Sudhir Rao filed a complaint under the Protection of Women from Domestic Violence Act, 2005.
- The court granted an interim protection order allowing Maya to stay with her parents with the baby.
- No FIR was initially filed due to lack of police cooperation, but a private complaint was moved before the Magistrate.
The Direct Legal Answer
Yes, what you are experiencing clearly falls within cruelty and harassment under Indian law. You do not need anyone's permission to visit your parents' home — even with your baby. There is no law that allows your husband or in-laws to restrict your movement or separate you from your child.
Does this come under harassment laws?
Absolutely. Abusing your mother, calling you names, and restricting your freedom to go to your parents' home amounts to cruelty under Section 85 BNS (cruelty by husband or relative of husband) and domestic violence under the Protection of Women from Domestic Violence Act, 2005.
What should I do right now?
Pack your bags and leave. Ask your parents to come and pick you up. Do not wait for anyone's permission. If they try to stop you, call the police helpline (112) or the women's helpline (181). Your safety and your baby's health are the priority.
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.
Do not rely on promises made by your husband or in-laws — they have already shown they do not keep their word. Document every abusive comment, threat, or restriction. Keep a diary with dates and times. Save any WhatsApp messages or call recordings if legally permissible. And please remember — you have the right to decide where you and your baby live. No court in India will force you to stay in an abusive household.
This type of matter involves nuanced procedural strategies under the Domestic Violence Act, which general practitioners often lack experience with. An advocate who regularly handles these cases can file the right application and secure urgent relief quickly.
Applicable Sections of Law
- Section 85 BNS (Bharatiya Nyaya Sanhita, 2023): Cruelty by husband or relative of husband — includes mental and physical cruelty.
- Section 86 BNS: Dowry death (if cruelty leads to death) — though not applicable here directly, it shows the seriousness of cruelty.
- Section 3 of the Protection of Women from Domestic Violence Act, 2005: Defines domestic violence broadly — physical, sexual, verbal, emotional, and economic abuse.
- Section 12 of the Domestic Violence Act: Allows a woman to file a complaint before the Magistrate for protection orders.
Punishment and Penalties
- Section 85 BNS: Imprisonment up to 3 years and fine. Cognizable and non-bailable.
- Domestic Violence Act: No criminal punishment per se, but the court can pass protection orders, residence orders, and monetary relief. Violation of a protection order is a criminal offence with imprisonment up to 1 year or fine or both.
- The offence is compoundable (can be settled), but courts are cautious in domestic violence cases.
Jurisdiction — Where to File the Case
You can file a complaint under the Domestic Violence Act at the Magistrate Court of the area where you reside, where the incident took place, or where the respondent (your husband/in-laws) resides. For cruelty under BNS, you can file an FIR at the police station having jurisdiction over the place where the harassment occurred. For matters of residence and protection, the Magistrate from the area where you currently live (even if it's your parents' home) has jurisdiction. Jurisdiction matters because the wrong court can delay your case.
What if Police Refuse to File FIR?
If the police refuse to register your FIR:
- Approach the Superintendent of Police (SP) or the Deputy Commissioner of Police with a written complaint. Under Section 173(4) BNSS, they can order an investigation.
- File a private complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
- File a writ petition in the High Court if all other remedies fail — but this is a last resort.
- Call the women's helpline (181) or the police helpline (112) and report the refusal. They will guide you.
Rights of the Accused
Even in these cases, the accused (your husband and in-laws) have rights:
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
- Right to legal representation under Article 22.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to receive a copy of the FIR and know the grounds of arrest.
Bail Provisions
- Offences under Section 85 BNS are non-bailable, meaning bail is not automatic. The court has discretion.
- Anticipatory bail under Section 482 BNSS can be applied for if the accused fears arrest.
- Regular bail under Section 480 or 483 BNSS can be sought after arrest.
- Bail conditions often include not threatening the victim or tampering with evidence.
Quashing of FIR / Case
Under Section 528 BNSS, the High Court can quash an FIR or criminal proceedings if:
- No prima facie offence is made out.
- The case is an abuse of the legal process.
- The matter is compoundable and the parties have settled genuinely.
Quashing is not easily granted in domestic violence cases because courts take the victim's safety seriously.
If You Are the Victim
- Leave the abusive environment immediately — your safety and your baby's safety come first.
- Call the women's helpline (181) or police (112) if you are threatened or prevented from leaving.
- Collect all evidence: messages, call recordings (if legally done), diary of incidents, medical records if any.
- Talk to a lawyer who handles domestic violence cases — not just a general practitioner.
- Do not give in to promises — "he will change" rarely works without legal pressure.
Documents You Must Keep Ready
- Aadhaar card, PAN card, or any government ID.
- Marriage certificate (if registered) or wedding photographs.
- Medical records of yourself and your baby.
- Any written promises, messages, emails, or call recordings showing abuse or restriction.
- Photographs of any injuries (if any) or of the environment where you were confined.
- Bank statements showing financial dependence or any transactions.
- A diary with dates, times, and descriptions of each incident.
What Evidence Is Required?
- Oral testimony of the victim (you) is primary evidence.
- Written messages (WhatsApp, SMS, emails) — preserve screenshots.
- Call recordings — note: one-party consent for recording is generally permissible in India for self-defence.
- Witnesses — your parents, neighbours, or anyone who saw the abuse.
- Medical records showing stress or harm (like anxiety, sleeplessness) can help.
- Photographs of living conditions, if you were isolated or confined.
How the Police Behave in Such Cases
Police often treat domestic complaints as "family disputes" and try to mediate instead of filing an FIR. This is wrong. Under the Domestic Violence Act and BNS, cruelty and abuse are cognizable offences. If the police refuse, do not accept it — escalate to senior officers or go directly to the court. Many women face delays because police do not take these cases seriously. That's why having a lawyer file a complaint before the Magistrate is often faster.
Timeline of Legal Process
- Complaint filed before Magistrate under DV Act: 1-2 weeks for first hearing.
- Interim protection order: Within 60 days from the date of filing (as per law).
- Final order: 6 months to 1 year depending on complexity.
- If FIR is filed: Investigation by police takes 60-90 days; chargesheet filed within 90 days for cognizable offences.
- Trial under BNS: Can take 1-3 years depending on court workload.
- Appeal: If any party is dissatisfied, appeals lie before Sessions Court or High Court.
How Long Will the Investigation Take?
Police investigation under BNS for cruelty typically takes 60 to 90 days from the date of FIR. If the accused is arrested, the investigation is usually expedited. The police must file a chargesheet within 90 days for cognizable offences — otherwise, the accused can seek default bail.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Domestic violence cases are compoundable, meaning the parties can settle with mutual consent. However, courts are cautious — they want to ensure the woman is not pressured into settlement. If you genuinely want to reconcile, it's possible. But given the pattern of broken promises and restriction of movement, settlement without legal safeguards is risky. Mediation is available, and courts often refer cases to mediation. If you decide to settle, ensure a formal deed with clear terms — including your right to visit your parents without restriction. Settlement can happen at any stage, even after filing.
Common Mistakes People Make
- Delaying action: Waiting for things to improve wastes time and can endanger your mental health and safety.
- Engaging a lawyer without domain expertise: Domestic violence and matrimonial cruelty have specific procedural and evidentiary nuances — a general practitioner may miss crucial reliefs like interim protection orders or residence rights.
- Believing promises without legal backing: If your husband promises but does not act, get it in writing or insist on a legal agreement.
- Destroying evidence: Deleting messages or not keeping a diary makes it harder to prove your case.
- Posting on social media: Sharing details online can harm your case — the opposite party may use it against you.
- Staying silent: Not reporting abuse or not leaving when you have the chance can prolong suffering and normalise the abuse.
FAQs People Normally Have
Can my in-laws legally stop me from visiting my parents?
No. There is no law in India that allows your husband or in-laws to restrict your movement. You are an adult and a mother — you have the right to go anywhere with your baby.
What is the first step I should take?
Leave the abusive environment and go to your parents' home. Then consult a lawyer who handles domestic violence cases. Do not wait.
Will my husband get arrested if I complain?
It is possible, but not automatic. The court will consider the facts. If the abuse is severe, the police may arrest him. You can also ask for protection orders without pressing for arrest.
Can I take my baby with me?
Yes. As the mother, you have full custody rights, especially if the baby is a newborn. The court will not separate you from your child unless there is evidence of harm to the baby.
How long does it take to get a protection order?
Under the Domestic Violence Act, the court must pass an interim order within 60 days of the complaint. In practice, urgent orders can come in 1-2 weeks.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India