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.

Mrs. X, a 31-year-old woman from City A, approached me regarding her deteriorating marriage of 10 years. She married Mr. Y in DD/MM/2014 and has two daughters. Over the years, Mr. Y became emotionally distant and unavailable as a family man. Mrs. X discovered his infidelity twice, catching him red-handed with different women. Despite giving him multiple chances to reform, his behavior remained unchanged. The situation escalated when she found evidence of his ongoing extramarital relationships, making the marriage unbearable. Mrs. X sought legal advice for divorce proceedings, citing adultery, cruelty, and desertion as grounds. She was particularly concerned about child custody and maintenance arrangements for her daughters while ensuring a fair settlement of matrimonial assets.

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.

Document all evidence of infidelity including photographs, messages, and witness statements before initiating proceedings. Prioritize your children’s emotional well-being throughout the process and consider counseling for them. Secure your financial independence by gathering all matrimonial property documents and bank statements. Open a separate bank account if you haven’t already and start building your support network of family and friends.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), adultery provisions and relevant marriage laws apply. The Bharatiya Nagarik Suraksha Sanhita (BNSS) governs procedural aspects of family court proceedings. Hindu Marriage Act Section 13 covers grounds for divorce including adultery, cruelty, and desertion. Guardian and Wards Act Section 17 deals with child custody matters. The Hindu Adoption and Maintenance Act addresses spousal and child maintenance. Section 125 of BNSS provides for interim maintenance during proceedings. These laws collectively protect the rights of the aggrieved spouse and ensure proper procedures are followed in divorce cases.

If You Are the Complainant

• File a detailed petition in the family court citing specific grounds like adultery, cruelty, and emotional neglect with supporting evidence
• Apply for interim maintenance for yourself and children to ensure financial security during proceedings
• Seek interim custody arrangements that prioritize your children’s best interests and stability
• Document all instances of mental cruelty, financial neglect, and extramarital affairs with dates and witnesses
• Consider mediation services offered by the court to explore amicable settlement options before contested proceedings

If You Are the Victim

• Seek immediate protection orders if facing physical or severe emotional abuse from your spouse
• Contact women’s helplines and support groups for emotional assistance and guidance during this difficult period
• Preserve all evidence of harassment, threats, or abuse including screenshots, recordings, and medical reports if applicable
• Inform trusted family members or friends about your situation for safety and emotional support
• Consider temporary shelter arrangements if living with the spouse becomes dangerous or unbearable

How the Police Behave in Such Cases

Police typically treat matrimonial disputes as civil matters unless domestic violence is involved. They may refer parties to family courts for resolution. If physical abuse is reported, police are required to register FIR under domestic violence laws. They often encourage mediation and reconciliation before legal proceedings. Response varies depending on the severity of allegations and evidence presented. Police may provide protection in cases of threats or harassment.

FAQs People Normally Have

Can I get divorce on grounds of husband’s infidelity? Yes, adultery is a valid ground for divorce under Hindu Marriage Act Section 13. You need substantial evidence to prove the extramarital relationship.

How long does divorce proceedings take? Contested divorce cases typically take 2-5 years depending on court schedules and case complexity. Mutual consent divorces can be completed in 6-18 months.

Will I get child custody? Courts generally favor mother’s custody for young children, especially daughters, considering their best interests and emotional bonds.

What about maintenance? You’re entitled to interim and permanent maintenance based on husband’s income, your needs, and children’s requirements.

What Evidence Is Required?

• Photographs or videos showing spouse with other persons in compromising situations
• WhatsApp chats, emails, or text messages indicating extramarital relationships
• Witness statements from persons who observed the adultery or inappropriate behavior
• Hotel bills, restaurant receipts, or travel bookings made with other persons
• Medical records showing emotional trauma or physical abuse if applicable
• Bank statements showing unusual expenditures on gifts or entertainment for others
• Social media evidence including posts, photos, or interactions with other persons

How Long Will the Investigation Take?

Family court proceedings typically involve multiple hearings spread over 2-5 years for contested cases. Initial evidence examination takes 3-6 months. Witness examination and cross-examination can extend proceedings by 6-12 months. Courts may order counseling or mediation which adds 2-3 months. Final arguments and judgment usually take additional 3-6 months depending on court workload and case complexity.

Advocate Sudhir Rao, Supreme Court of India