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.
Priya Verma came to our office in mid-February 2025, completely shattered. She had married Karan Singhania in Pune in late 2021, genuinely believing she had found a trustworthy life partner. Karan had presented himself as a composed, family-oriented man with a stable career at a reputed Nagpur-based firm. Everything seemed genuine — until it wasn't.
By January 2025, Priya discovered something that collapsed her entire world. Karan had not married her out of love. He had deliberately selected her for specific physical and social traits, traits he calculated would make a woman who had once rejected him feel jealous. Worse, she found evidence that he had been maintaining at least two parallel intimate relationships throughout their courtship and marriage, sending these women money regularly. Both were nearly a decade younger than him. He had actively cultivated financial and emotional dependence in them, all while presenting a devoted-husband face to Priya and his family.
When Priya confronted him and reached out to his family, Karan immediately pivoted to portraying her as a gold-digger. His family, manipulated by his version, turned hostile toward her. She had initially consulted a local advocate in Kothrud, Pune, who was unfamiliar with the intersecting criminal and matrimonial angles. Little progress was made. She then approached Advocate Sudhir Rao, who identified the criminal dimensions under the Bharatiya Nyaya Sanhita alongside the matrimonial proceedings. With a structured legal strategy addressing both tracks, Priya was able to initiate proceedings that meaningfully shifted the balance in her favour.
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.
Preserve all evidence immediately: Before doing anything else, secure every piece of evidence you have — chat screenshots, call records, bank transaction histories, photographs, emails. Don't confront the other party again before speaking to your advocate. Confrontation often triggers evidence destruction.
File a police complaint alongside matrimonial proceedings: Matrimonial fraud of this nature isn't just a civil matter. The deception, the financial transfers to third parties, and the concealment of prior relationships can attract criminal liability. Both tracks should be pursued simultaneously, not sequentially.
Domain experience matters here: Matrimonial fraud cases that combine cruelty, deception, and parallel relationships involve procedural and evidentiary intersections that a general practitioner may not be fully across. And here's the thing, an advocate who regularly handles matrimonial and criminal fraud matters together is significantly better positioned to structure the case correctly from the outset.
Applicable Sections of Law
This case is a mixed matter — it carries both criminal and civil/matrimonial dimensions. The following provisions are applicable:
- Section 85, Bharatiya Nyaya Sanhita (BNS): Cruelty by husband or relatives — covers mental cruelty, harassment, and conduct that drives a wife to distress.
- Section 318, BNS: Cheating — the deliberate deception involved in marrying someone under a false pretence (revenge motive, concealing parallel relationships) constitutes cheating causing harm to the victim.
- Section 316, BNS: Criminal breach of trust — applicable where financial and emotional trust was systematically exploited during the marital relationship.
- Hindu Marriage Act, 1955 — Section 13(1)(ia) and 13(1)(ib): Grounds for divorce on the basis of cruelty and desertion, with the concealment and deception forming the evidentiary foundation.
- Protection of Women from Domestic Violence Act, 2005: Emotional and psychological abuse, financial control, and the humiliation campaign against Priya before his family all fall within the definition of domestic violence under this Act.
Now, before you act, understand that these provisions don't operate in isolation. Each one feeds into the other, and a poorly sequenced filing can actually weaken your position across tracks. That's precisely why the order in which you move matters.
Punishment and Penalties
Let's be direct about what exposure looks like here.
- Section 85 BNS (Cruelty): Imprisonment up to 3 years, with fine. Cognizable, non-bailable, non-compoundable.
- Section 318 BNS (Cheating): Imprisonment up to 7 years (where cheating causes serious harm), with fine. Cognizable and non-bailable where punishment exceeds 3 years.
- Section 316 BNS (Criminal breach of trust): Imprisonment up to 7 years with fine, or up to 3 years for basic breach — depends on the value involved and the nature of the relationship.
- Domestic Violence Act proceedings are civil-criminal hybrid — protection orders, residence orders, and monetary relief can be sought in addition to criminal remedies.
Jurisdiction — Where to File the Case
For the criminal complaint under BNS, the FIR should be filed at the police station having territorial jurisdiction over the place where the acts of cruelty and deception were committed — typically the matrimonial home. In Priya's situation, that was a police station in the Deccan Gymkhana area of Pune.
Wrong jurisdiction means wasted months. For the divorce petition under the Hindu Marriage Act, jurisdiction lies with the Family Court of the district where the parties last resided together, or where the wife currently resides. As held in Jagir Kaur v. Jaswant Singh, AIR 1963 SC 1521, proper jurisdictional filing is foundational to valid matrimonial proceedings.
For the Domestic Violence Act complaint, the Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate of the area where the victim resides or the offence occurred has jurisdiction.
What if Police Refuse to File FIR?
Refusal to register an FIR in matrimonial fraud cases is not uncommon. Frankly, it happens more than it should. Here's what you can do:
- Submit a written complaint to the Superintendent of Police under Section 173(4), BNSS — this triggers an obligation to investigate.
- File a private complaint directly before the Judicial Magistrate under Section 175(3), BNSS — the Magistrate can direct the police to investigate and report.
- Approach the High Court under its writ jurisdiction (Article 226, Constitution of India) for a direction to register the FIR — relied upon in Lalita Kumari v. Government of UP, 2014, where the Supreme Court held that registration of FIR is mandatory for cognizable offences.
- Document every visit to the police station — date, officer's name, response received — as this contemporaneous record becomes relevant before the Magistrate or High Court.
Rights of the Accused
Even in cases of serious matrimonial fraud, the accused retains constitutional protections. These include:
- Right against self-incrimination under Article 20(3) of the Constitution — the accused cannot be compelled to be a witness against himself.
- Right to legal representation under Article 22 — the accused is entitled to consult and be defended by a lawyer of their choice.
- Right to be produced before a Magistrate within 24 hours of arrest — as mandated under Section 57, BNSS.
- Right to a copy of the FIR and to be informed of the grounds of arrest — Section 47, BNSS.
- Right to bail in bailable offences as a matter of right; in non-bailable offences, the court retains discretion guided by established principles from Sanjay Chandra v. CBI, 2012.
Bail Provisions
Section 85 BNS (cruelty) is non-bailable — bail is at the court's discretion. Section 318 BNS for cheating where punishment exceeds 3 years is also non-bailable.
- Anticipatory bail may be sought under Section 482, BNSS before arrest, particularly if the accused apprehends arrest following an FIR.
- Regular bail post-arrest is governed by Section 480 and Section 483, BNSS, with the court considering factors such as flight risk, tampering with evidence, and severity of the offence.
- Typical bail conditions include surrender of passport, regular appearance before the investigating officer, and a no-contact order with the complainant.
- Given that this involves an ongoing domestic relationship and potential witness influence, courts often impose strict conditions in matrimonial fraud matters.
Quashing of FIR / Case
The accused may approach the High Court under Section 528, BNSS (inherent powers) to quash the FIR. But make no mistake — quashing is not easily granted in cases of this nature.
- Quashing is considered where the FIR does not disclose a prima facie cognizable offence, or where continuation of proceedings would be an abuse of process.
- In matrimonial fraud cases with documented deception and financial exploitation, courts are generally reluctant to quash at the threshold stage.
- As held in State of Haryana v. Bhajan Lal, 1992, quashing is an exception, not a rule, and requires clear demonstration that the allegations, even if taken at face value, do not constitute any offence.
- Where both parties settle — which occasionally happens in such matters — a compoundable offence component may support quashing, but Section 85 BNS cruelty is non-compoundable, limiting this route considerably.
If You Are the Victim
Stop. Don't talk to him without your lawyer present.
- Stop all communication with the opposite party without your advocate present — anything you say can be misrepresented or used to build a counter-narrative.
- Secure copies of all financial records — bank statements, UPI transaction histories, any documentation showing money transfers to third parties.
- Reach out to trusted family members or friends who can serve as witnesses to the behaviour and statements made by the husband.
- Consult your doctor if you have suffered emotional distress — medical records of anxiety, depression, or stress-related conditions can constitute corroborating evidence of cruelty.
- Do not vacate the matrimonial home without legal advice, as this can affect your rights under the Domestic Violence Act and divorce proceedings.
Documents You Must Keep Ready
Get these together before your first lawyer meeting. Don't wait.
- Aadhaar card and PAN card (identity proof)
- Marriage certificate and wedding photographs
- Screenshots of chat conversations, emails, and social media messages evidencing deception or parallel relationships
- Bank statements showing financial transfers from the husband to third parties
- Photographs, voice recordings, or video evidence (obtained lawfully) of relevant conduct
- Medical records if physical or psychological harm is part of the complaint
- Any written communications (letters, WhatsApp messages) in which the husband made accusations or defamatory statements about you
- Witness contact details — neighbours, domestic help, or family members who witnessed relevant incidents
What Evidence Is Required?
- Digital evidence: Chat screenshots, email exchanges, call records — these are primary evidence of deception and parallel relationships. Ensure they are preserved in original format with metadata intact.
- Financial records: Bank statements and UPI transfer histories showing money sent to other women are direct documentary evidence of the parallel relationships and financial exploitation.
- Witness testimony: Oral evidence from people who observed the husband's conduct, his statements, or the complainant's distress.
- Admission by the accused: Any recorded or written admission, however informal, has evidentiary value.
- Expert evidence: In some cases, a forensic expert's certification of digital evidence authenticity strengthens admissibility arguments.
- Medical records: Documenting psychological impact on the victim supports the cruelty case under Section 85 BNS.
How the Police Behave in Such Cases
In matrimonial fraud matters, police response is mixed. Larger cities like Pune often have dedicated Mahila Cells or Women's Help Desks that take these complaints more seriously than general stations. That said, officers sometimes treat such matters as "domestic disputes" and push for reconciliation rather than investigation. And here's the thing, initial reluctance to register the FIR is common, particularly where the accused is from a well-connected family. Documenting every interaction and, if necessary, escalating to the SP or approaching the Magistrate directly under Section 175(3) BNSS are steps that move things forward when the station-level response is inadequate.
Timeline of Legal Process
- FIR filing: Day 1 — complaint lodged at police station or Magistrate's court.
- Police investigation: 2 to 6 months — statements recorded, digital evidence seized, financial records examined.
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.