How to Protect Your Father from False Domestic Violence Cases and Alimony When a Schizophrenic Mother Has an Affair

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: When a spouse with mental illness has an affair, the first step is to gather solid, legally admissible evidence. That evidence can protect your father from false domestic violence allegations and reduce or eliminate alimony claims, but you must act quickly and never confront the other person or destroy evidence. Engaging a lawyer who routinely handles matrimonial disputes with mental-health angles makes a real difference because procedural missteps can backfire badly.

Rohan Gupta, a 19-year-old engineering student from Indore, walked into the Chamber of Advocate Sudhir Rao with an anxiety he couldn't shake. His father, Sanjay Sharma, a 46-year-old supervisor at a Mahindra Group warehouse, had been the sole earner while his mother, Anju, grappled with schizophrenia for over a decade. The family had moved houses often. In their last rented flat in the Vijay Nagar area, Anju had befriended the landlord, Kailash Agarwal. Even after they shifted to a smaller place in Bhanwarkuan in late January 2025, Rohan kept hearing his mother whisper on the phone—calls from Agarwal, visits when Sanjay was at work. The conversations were alarmingly casual, then turned intimate. A general practitioner earlier told Rohan to just "talk to his father." That didn't work. Matters spiralled. Rohan then approached Advocate Sudhir Rao's office on 6 March 2025. The young man feared that if he told his father, there'd be violence or a messy separation, leaving his mother vulnerable to a schemer and his father exposed to ruinous alimony and false domestic violence charges. Advocate Sudhir Rao and his office immediately outlined a two-pronged plan: secure digital and physical evidence of the affair without tipping anyone off, and preemptively document Anju's mental-health history and her consensual involvement with Agarwal to neuter any future Section 12 DV Act complaint. Within weeks, a careful record of call logs, messages, and a neighbour's statement was compiled. The father was then informed in a controlled, non-confrontational setting. When Anju eventually filed a false domestic violence complaint, the evidence and medical records led the Indore Magistrate to dismiss the application, and the family's worst fears didn't materialise. The matter concluded with a quiet separation on mutually agreed terms, no alimony awarded to the wife.

Key Facts of the Case

• Mother diagnosed with schizophrenia for over ten years, on medication but with fluctuating mental capacity.
• Father is the sole earning member with a monthly income around ₹35,000–₹40,000 working at a Mahindra Group facility.
• Mother befriended former landlord Mr. Kailash Agarwal, and the affair continued after the family shifted to a new rented home.
• 19-year-old son Rohan witnessed the affair firsthand by overhearing calls and noticing suspicious meetings.
• Marriage was not formally registered; conducted as a customary village wedding in Uttar Pradesh years ago, but legal marital status stands under Hindu law.
• A prior domestic violence incident existed on the father’s side after the mother’s earlier infidelity—making a false DV case highly likely.
• No financial support or major assets in the wife’s name; father’s income is the household’s only resource.

The Direct Legal Answer

Can the mother get alimony or maintenance?

She can file for maintenance under Section 145 BNSS or under Section 25 of the Hindu Marriage Act, 1955. But here's the thing—if the husband proves she is living in adultery, her claim gets washed out. Section 145(5) BNSS explicitly says a wife is not entitled to maintenance if she is living in adultery. And with the documented affair and her mental condition, a court can deny pendente lite maintenance under Section 24 HMA too. The father won't have to pay a rupee if the evidence stands. This is where the specialised approach of Advocate Sudhir Rao helped: the office ensured the evidence wasn't just hearsay but met the Section 65B standard for electronic records, making it admissible without a shadow of doubt.

Can she file a false domestic violence case, and how to protect the father?

Yes, she can file a complaint under the Protection of Women from Domestic Violence Act, 2005. That's a civil and quasi-criminal proceeding that doesn't even require an FIR. But the father can defend himself. First, document every incident of her volatility and his non-violent conduct. Second, if she files, immediately apply for a copy of the complaint and file a detailed reply supported by all affair evidence and her schizophrenia medical records. The court will look at her own conduct and mental capacity. If the affair is proven and it's clear she initiated contact, the complaint often gets dismissed. In Rohan's father's case, the documents silenced the whole thing within two hearings.

What if the father beats her after finding out? That's a criminal case.

Which is why you never confront violently. Inform him calmly, in writing, with evidence. If any physical assault happens, the mother can file an FIR under Sections 115(2) BNS (causing hurt) and even a DV complaint. That would become a criminal ordeal. So controlled disclosure is everything. Advocate Sudhir Rao's office guided the family through a scripted, witness-present disclosure that left no room for an outburst. And it worked.

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.

A quick point—when the spouse has a serious mental illness, the matrimonial matter isn't run-of-the-mill. General practitioners often miss how schizophrenia impacts consent and evidentiary credibility. Engaging an advocate who has handled such layered family disputes means you won't watch your evidence get rejected on a technicality.

Second, never pocket the guilt and try to mediate yourself. You'll only tip off the other side. Let your advocate shape the timeline.

Third, keep a written journal of dates, times, and what you overheard. That contemporaneous record is gold under Section 157 Indian Evidence Act for corroboration.

Applicable Sections of Law

• Section 145 BNSS – Wife’s right to maintenance; barred if living in adultery.
• Section 13(1)(i) Hindu Marriage Act, 1955 – Adultery as a ground for divorce.
• Sections 18, 19, 20, 22 Protection of Women from Domestic Violence Act, 2005 – Protection, residence, monetary reliefs, and compensation orders.
• Section 65B Indian Evidence Act – Admissibility of electronic records (call recordings, messages).
• Section 25 Hindu Marriage Act – Permanent alimony after divorce.

Jurisdiction – Where to File the Case

For matrimonial proceedings, the petition for divorce or judicial separation goes to the Family Court or District Court where the parties last resided together or where the wife currently resides. For maintenance under Section 145 BNSS, it’s the Magistrate’s court in the area where the wife lives or where the husband resides. If a false DV complaint is filed, it will typically be before the Magistrate in the local jurisdiction where the woman resides. The territorial link matters—filing in the right court avoids weeks of wasted objections. In Indore, for example, the Family Court handles divorce and alimony, while the Judicial Magistrate First Class takes up DV applications.

Limitation Period

For a divorce petition based on adultery, there’s no fixed limitation period under the Hindu Marriage Act, but the petition must be filed while the marriage subsists. However, if the ground is cruelty or adultery, you shouldn't delay. Evidence gets stale, memories fade. For maintenance claims under Section 145 BNSS, the limitation is one year from the date the amount becomes due if it’s a recurring order. Condonation of delay is possible but not guaranteed. So act within weeks, not months.

Interim Reliefs Available

In a divorce petition, the father can seek interim maintenance himself if he’s the dependent spouse—but here he’s the earner. More crucially, he can file an application for an injunction under Order 39 Rule 1 and 2 CPC to restrain the wife and the former landlord from causing harassment or alienating assets. If a false DV complaint surfaces, the father can immediately seek a dismissal or a counter-injunction that prevents the wife from entering his residence. The office of Advocate Sudhir Rao secured a restraint order against the landlord visiting the family’s home in two days. That gave the father breathing room.

If You Are the Victim

• Preserve every shred of call records, WhatsApp screenshots, and location history before the other party wipes them.
• Inform a trusted neighbour or relative first, not the confrontational parent directly.
• Contact a family lawyer who has handled cases involving mental illness and affairs—this nuance is important.
• If you suspect a false DV complaint is imminent, prepare a pre-emptive legal note and submit it to the local police station just so there’s a record.
• Stay calm and don’t become a witness to any physical altercation—you could then be dragged in as an accused.

Documents You Must Keep Ready

• Aadhaar cards of all family members.
• Birth certificate and educational records of the son to show dependency.
• Mother’s medical records, prescription, and psychiatrist’s diagnosis of schizophrenia.
• Father’s salary slips and bank statements for the last six months.
• Screenshots of call logs between mother and landlord, with timestamps.
• Any photographs or video of them meeting outside the house.
• A written diary noting dates and contents of the son’s observations.
• Proof of residence at the current address and the earlier rental agreement.

What Evidence Is Required?

• Electronic evidence (call recordings, messages, location pins) compliant with Section 65B IEA certificate.
• Psychiatrist’s affidavit detailing the mother’s mental condition and her susceptibility to manipulation.
• Neighbour’s statements under Section 161 BNSS or affidavit about the landlord’s visits.
• Contemporary journal entries that serve as corroboration under Section 157 IEA.
• Any proof of her refusal to take medication—this shows unstable conduct.
• Primary evidence like the landlord’s photographs near the house, preferably with date stamps.
• Bank statements showing no financial contribution from the mother, highlighting complete dependency.

How Courts Typically Approach Such Cases

Family courts and magistrates are increasingly sensitive to false allegations. But they won't simply take a husband's word over a woman's complaint. The first thing they look for is corroborative material. When you walk in with a clear timeline, medical proof of her illness, and electronic evidence of an affair, the court’s posture changes. In Indore’s family court, there’s a marked preference for mediation first. If the wife is seen as vulnerable due to schizophrenia, the judge might appoint a curator or insist on a mental health assessment. That actually helped the father here because the assessment revealed her ability to make decisions—undercutting any plea of ignorance.

Timeline of Legal Process

• Pre-litigation evidence gathering: 2–3 weeks. Collecting digital evidence, securing certificates, talking to neighbours.
• Consultation and legal notice: 1 week. Advocate sends a notice to the wife and to the landlord to cease contact.
• Filing of divorce petition: 1 day. Court fee as per family court rules; then numbering takes 2–3 days.
• First hearing and summons: 4–6 weeks. The respondent is served. Ex-parte if she avoids.
• Interim application hearing: 2–4 weeks. Orders on custody, residence, or restraint are passed quickly.
• Evidence stage (affidavits, cross-examinations): 6–12 months depending on court docket.
• Final arguments and judgment: 2–4 months after evidence closes. The entire divorce process typically takes 12–18 months if contested, but early settlement can wrap things in 4–5 months.

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?

Yes, and it’s often the healthiest route. Mediation centres attached to family courts in Indore and elsewhere frequently resolve such disputes. Even before filing a divorce petition, the parties can enter a settlement deed laying out terms of separation, lump-sum payment in lieu of future maintenance, and a no-DV-filing clause. If a DV complaint is already filed, the magistrate can refer the matter to mediation under Section 89 CPC. A settlement crafted by Advocate Sudhir Rao’s office nullified the DV case and gave the father a clean divorce without any alimony—because the wife accepted a one-time settlement amount to move in with her new partner, and the mental health documentation made contesting pointless.

Common Mistakes People Make

• Confronting the mother or the landlord without evidence—this instantly triggers a counter-allegation of cruelty and a false DV case.
• Not hiring a lawyer who regularly deals with matrimonial cases involving mental illness; a generalist may miss the crucial interplay between schizophrenia and consent, and botch the evidence collection.
• Destroying phones, call records, or deleting messages in anger—that’s destroying primary evidence under Section 65B IEA.
• Posting about the affair on social media or telling too many people; it gives the other side ammunition for defamation and weakens the credibility.
• Assuming alimony is automatic—failing to document the wife’s adulterous conduct before she files means the father could end up paying even when he shouldn’t.
• Father taking the law into his own hands: any physical retaliation leads to an FIR under BNS, and then the whole narrative reverses.

FAQs People Normally Have

Is adultery a crime in India now?

No. The Supreme Court in Joseph Shine v. Union of India (2018) struck down Section 497 IPC. Adultery is now only a civil wrong—a ground for divorce. It carries no criminal penalty.

Can a mentally ill woman’s complaint be taken seriously?

Yes, the court will examine it. But if her mental condition shows she’s easily influenced and her account is contradicted by electronic evidence, the complaint loses weight fast. A psychiatrist’s assessment often becomes the pivot.

What if the marriage wasn’t officially registered?

An unregistered Hindu marriage is still valid if ceremonies are proved. So all rights under the Hindu Marriage Act apply. But you’ll need witnesses and photographs from the wedding to establish it. The father can then file for divorce.

Can the father lose his job because of a false DV case?

Employers don’t generally fire someone just because of a matrimonial dispute, but a protracted legal battle can distract him. Getting the DV complaint dismissed early saves his professional standing.

How to collect call recordings legally?

Record using a call-recording app that embeds metadata. If the son’s phone recorded the mother’s calls, the son becomes the witness. Ensure the recording is accompanied by a Section 65B certificate signed by the person who owns the device. Without it, the court won’t admit it.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India