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: A woman enduring daily physical and emotional abuse can seek a protection order and police help to move out with her children immediately. The law gives her the right to retain custody and file for divorce and maintenance from a safe location. Acting quickly, gathering essentials, and having a lawyer who knows domestic violence work can stop the husband from pulling the children away before she reaches safety.
Shalini Verma is 30. She lives in Indore with her two children — a girl, two, and a boy, three-and-a-half — and a husband who hasn't let her step out alone in four years. The abuse was unrelenting. Physical. Verbal. Financial. Her mother-in-law lived with them and the two rarely left Shalini unsupervised. She couldn't visit her parents in Jaipur. She couldn't work. When a local protection officer offered to help her leave, Shalini froze. What if her husband stopped her at the door? What if he snatched the children? The fear was paralysing.
She had already spoken to a general practice lawyer who advised filing a complaint at the local police station. That was a dead end — the husband had political ties and the station house officer wouldn't register the FIR. So she approached the Chamber of Advocate Sudhir Rao, where her case was handled as a sensitive, multi-front legal emergency. Advocate Sudhir Rao and his office argued that a coordinated exit strategy, coupled with immediate filings under the Protection of Women from Domestic Violence Act, 2005, and a writ petition before the High Court, was the safest route. The strategy worked. Within days, Shalini and her children were on a train to Jaipur, and a protection order kept the husband at bay.
Key Facts of the Case
- Shalini, a 30-year-old mother of two toddlers, faced daily physical and emotional cruelty and financial control in her Indore matrimonial home.
- Her husband and mother-in-law isolated her completely — no phone, no work, no travel for four years.
- She had crucial evidence: photos of injuries, bank statements showing financial abuse, and messages threatening her.
- She had her Aadhaar card, children's birth certificates, and her marriage certificate safely hidden.
- A local protection officer confirmed the abuse but could not guarantee physical safety during the exit.
- Earlier attempt to file a police complaint failed because the station refused to register an FIR citing "family matter".
- Advocate Sudhir Rao's office prepared a simultaneous strategy: a protection order under the DV Act, an FIR under BNS cruelty provisions, and a writ for police assistance.
- Shalini left Indore with her children under police escort arranged through a court order, reaching her parents' home in Jaipur.
The Direct Legal Answer
Has anyone successfully left a similar situation with young children?
Yes. Hundreds of women do this every year. The law does not require you to stay in a violent home. You have the right to leave with your children for safety, even without a prior custody order. Courts consistently uphold this as a protective measure, not as child concealment. After reaching safety, you immediately file for custody and divorce.
What is the safest way to leave without alerting the husband?
The safest exit is a planned one. Build a small routine — a daily trip to a nearby Reliance Fresh or a yoga class at a fixed time. On the day you leave, follow that routine but don't return. Have a trusted friend book a cab to the railway station or airport under a different name. Board a train to your parents' city. Simultaneously, your lawyer files an application under Section 23 of the DV Act for a protection order and custody, and lodges an FIR. By the time your husband realises you're gone, you have legal cover.
Can the police or Protection Officer physically assist her in leaving with the children?
Yes. The Protection Officer can help you leave, but the stronger option is a court order directing police protection. File a complaint under Section 35 BNSS with the Magistrate through your lawyer and seek an emergent order. The police then accompany you to the matrimonial home, secure your exit, and ensure no physical obstruction. This is not at the officer's discretion; it's a court mandate.
What legal issues should she be aware of immediately after leaving?
Her husband may file a habeas corpus petition or a missing person complaint. That's why you must file an FIR for cruelty (Section 85 BNS), a DV Act complaint, and a custody petition within 24 hours. You are then the first complainant, and your version shapes the narrative. Any claim by the husband that you abducted the children collapses once you show the court you moved them for safety.
What should she do in the first 24-48 hours after reaching safety?
Reach your parents' home. Immediately get the children medically examined if there are any injuries. File the FIR and DV complaint at the local police station or through the magistrate. Inform the Protection Officer in Indore that you have relocated. Secure all original documents. Do not answer calls from your husband or in-laws — let your lawyer handle all communication.
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.
Don't use the same lawyer your husband or in-laws know. Find someone who has handled domestic violence exits before. An advocate who regularly appears in DV Act cases knows how to get a protection order fast, how to trigger police assistance, and how to pre-empt a habeas corpus challenge. General practitioners may not move quickly enough on the protective writs. And timing is everything.
Keep a small emergency bag with essential clothes, cash, and copies of documents — even if you have to hide it at a neighbour's house. Memorise one emergency number. Trust your instincts: if the violence escalates, leave that hour, not tomorrow.
This field demands domain-specific experience. The interplay between the DV Act, BNS, and family law procedures is easy to get wrong. A lawyer who does this every day will know that filing a custody caveat at the High Court on the same day as the exit can block any ex-parte order from the husband.
Applicable Sections of Law
Cruelty by husband or his relatives is an offence under Section 85 of the Bharatiya Nyaya Sanhita (BNS). Threats and criminal intimidation fall under Section 351 BNS. The domestic violence complaint itself is civil in nature, brought under the Protection of Women from Domestic Violence Act, 2005. Section 18 of the DV Act lets the Magistrate pass protection orders; Section 19 grants residence rights; Section 21 gives interim custody of children to the mother. For enforcement, a breach of a protection order is a criminal offence under Section 31 of the DV Act. Filing of an FIR is governed by Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Punishment and Penalties
Cruelty under Section 85 BNS is punishable with imprisonment up to three years and a fine. Criminal intimidation under Section 351 BNS carries up to two years, fine, or both. Breach of a DV Act protection order under Section 31 is a cognizable and non-bailable offence, with imprisonment up to one year, fine up to twenty thousand rupees, or both. The cruelty offence is cognizable and non-bailable in most states. Both can result in immediate arrest once an FIR is registered.
Jurisdiction — Where to File the Case
The woman can file a DV Act complaint in the Magistrate's court where she resides, temporarily or permanently. That means she can file in Indore where the violence occurred, or in Jaipur at her parents' house after she moves. FIRs for cruelty must be lodged at the police station having territorial jurisdiction over the matrimonial home. However, under Section 176 BNSS, a complaint of a cognizable offence can be sent to the police station of the area where the offence took place. For divorce and custody petitions, the Family Court in the city where she currently resides with the children is the correct forum.
What if Police Refuse to File FIR?
- Write a detailed complaint and send it to the Superintendent of Police of the district under Section 173(4) BNSS.
- If the SP fails to act, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can order investigation.
- Approach the High Court under its writ jurisdiction seeking a direction to register FIR and provide police protection for a safe exit.
- Always keep a copy of the complaint endorsed with a diary number. This is your proof of police inaction.
Rights of the Accused
- Right against self-incrimination under Article 20(3) of the Constitution — the accused husband cannot be compelled to be a witness against himself.
- Right to legal representation under Article 22(1) — he must be allowed to consult and be defended by a lawyer of his choice.
- Right to be produced before a Magistrate within 24 hours of arrest, excluding the journey time.
- Right to a copy of the FIR and to be informed of the grounds of arrest at the time of arrest.
- Right to apply for anticipatory bail under Section 482 BNSS if he apprehends arrest for a non-bailable offence.
Bail Provisions
Offences under Section 85 BNS are non-bailable. The husband must apply for regular bail under Section 483 BNSS after arrest. Anticipatory bail under Section 482 BNSS is available if he feels an arrest is imminent. Courts usually grant anticipatory bail with conditions: no contact with the complainant, no tampering with evidence, and surrender of passport. For a protection order breach under Section 31 DV Act, bail is harder because the court treats it as a direct violation of its own order.
Quashing of FIR / Case
The husband or his relatives can approach the High Court under Section 528 BNSS to quash the FIR. Grounds include: no prima facie cruelty, the complaint is vague and bald, or a mutual settlement is reached. But in cases where the wife has clear evidence of injuries and financial abuse, quashing is rarely granted. Compromise between the parties can be a ground only if the offence is compoundable. Cruelty under Section 85 BNS is compoundable with the court's permission — so a genuine settlement can lead to quashing.
If You Are the Victim
- Prioritise your safety and your children's safety. Leave first, litigate second.
- Don't announce your plan. Keep your phone calls discreet and delete call logs.
- Reach out to a trusted friend or relative outside the city. Their home can be your first safe stop.
- File the FIR and DV complaint immediately after reaching safety. Delay gives the husband a chance to file a counter complaint.
- Inform the Protection Officer in the matrimonial city about your new address. You have the right to protection wherever you go.
Documents You Must Keep Ready
- Aadhaar card and voter ID (yours and the children's if available).
- Marriage certificate and photographs.
- Children's birth certificates.
- Medical reports of any injuries, hospital discharge summaries.
- Screenshots of threatening messages, call records, and bank statements showing financial control.
- Any written communication where the husband admits to violence.
- Passport, if you have one.
- Emergency cash and a hidden photocopy of all documents.
What Evidence Is Required?
- Photographs of injuries, dated and with a timestamp.
- Medical examination reports from a government hospital or a private doctor who documented the cause of injury.
- Audio or video recordings of threats — admissible even if recorded without the husband's knowledge, but handle carefully.
- Eyewitness testimony of neighbours, domestic help, or relatives who saw the violence.
- Call detail records showing repeated calls at odd hours.
- Bank statements proving financial abuse: restricted access, forced handover of salary.
- WhatsApp chats or SMS messages with abusive language.
How the Police Behave in Such Cases
Police responses vary. Many stations still treat a woman leaving with children as a "family dispute" and may ask you to "adjust". But when there's a court order of protection or a direction from the SP to register the FIR, they become more responsive. Always go with a lawyer. Advocate Sudhir Rao's office ensured the police escorted Shalini because the court order left them no choice. Without that paper, the officer on duty might have just watched and done nothing.
Timeline of Legal Process
- Day 0 – Safe exit and travel to parent's city.
- Day 1 – File protection order application under DV Act and custody petition. Simultaneously lodge FIR for cruelty.
- Week 1 – Court grants ex-parte protection order and temporary custody. Police accompany to retrieve belongings if needed.
- Week 4 – Respondent (husband) files reply to DV complaint. First hearing on interim maintenance.
- Month 3-6 – Evidence stage in DV case. Cross-examination of parties.
- Month 8-12 – Final order in DV case (protection, residence, custody, maintenance).
- Parallelly, divorce proceedings take 12-18 months if uncontested; longer if contested.
- Criminal trial under BNS can take 1-2 years, depending on the court's schedule.
How Long Will the Investigation Take?
Once an FIR is registered, investigation for cruelty under Section 85 BNS may take 30 to 60 days. The police must file a chargesheet in that period if the accused is not arrested, or within 90 days if arrested. In practice, with strong medical evidence and witness statements, the chargesheet can be filed within a month.
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?
Settlement is possible, but dangerous if not handled right. In DV cases, a compromise can result in the wife agreeing to withdraw the complaint in exchange for a lump-sum settlement and mutual divorce. Offences under Section 85 BNS are compoundable with court permission. That means the wife can agree to drop charges. But never enter into any settlement without legal advice — and never face-to-face with the abuser. Mediation under the DV Act's framework allows a trained counsellor to facilitate a safe resolution. Lok Adalat can also take up pre-litigation DV matters. Still, settlement works only when the woman has equal bargaining power, which is rare right after escape.
Common Mistakes People Make
- Delaying the exit until the violence "becomes unbearable". Leave the moment you sense danger.
- Failing to file the FIR and DV complaint immediately. A delay lets the husband file a false missing person case first.
- Speaking directly to the husband after leaving. Any conversation can be recorded and twisted. Let the lawyer handle all communication.
- Not securing original documents. Without them, custody and identity proof become a nightmare.
- Posting about the plan on social media or telling too many people. One leak and the exit fails.
- Engaging an advocate who does not regularly handle domestic violence exits. A general family lawyer may not know how to use high court writs and protection orders in tandem. Domain-specific experience here means the difference between a chaotic exit and a legally shielded one.
FAQs People Normally Have
Can my husband file a habeas corpus case to get the children back?
Yes, he can. But if you have already filed a custody petition and a DV complaint showing the children are safer with you, the habeas corpus is usually dismissed. The court will direct the husband to seek custody in the family court.
What if he tries to pick up the children from school?
Once you have a temporary custody order under the DV Act, give a copy to the school and forbid them from releasing the children to anyone else. Schools comply strictly with court orders.
Will the police help me if I call 112 without a court order?
Yes, they must. Dial 112 or the women's helpline 1091. But their ability to prevent the husband from taking the children is limited without a magistrate's order. Use the police call to exit the house safely, then head straight to the court to get the order.
Can I take my jewellery and stridhan while leaving?
Legally, stridhan is yours. But if violence is imminent, leave it behind. You can recover it later through a civil suit or as part of the DV complaint.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India