If you are stuck in such a situation, here is what to do.

Ms. Anaya, residing in Pratibha Pradesh, seeks urgent legal counsel regarding her divorce from Mr. Brijesh after approximately 8 years of marriage. The core of the matter revolves around significant financial transactions and escalating threats.

Ms. Anaya had extended a loan totalling around 90 Lakhs to Mr. Brijesh, disbursed in varying amounts, for investment in “Vardhan Ventures,” a joint business venture between him and his brother, Mr. Gaurav. Mr. Brijesh has since reported substantial losses and is now refusing to repay the borrowed sum. Given Ms. Anaya’s corporate employment, Mr. Brijesh persistently harasses her for additional funds via messaging applications. Ms. Anaya possesses bank transfer details confirming these transactions.

In response, Mr. Brijesh asserts that he has spent over 1.6 Crore on Ms. Anaya, encompassing travel, dining, and gifts, claiming these expenditures nullify any loan she provided.

Ms. Anaya moved out of their marital home and has been residing with her parents, Mr. Devraj and Mrs. Leela, for the past 10 months. Her relationship with her mother-in-law, Mrs. Chandrika, has been strained for a considerable duration. Ms. Anaya maintains an independent career and has undertaken several solo trips without Mr. Brijesh.

Mr. Brijesh continues to contact Mr. Devraj, threatening to disseminate defamatory rumors about Ms. Anaya’s character and conduct amongst their extended family.

Upon broaching the subject of a mutual divorce, Mr. Brijesh demanded the return of all jewelry received from his family during the wedding, insisting this occur even before any legal consultation or filing could commence. He further stipulated that these details be excluded from any formal settlement agreement and required Ms. Anaya to relinquish all claims to the loan amount. His demands are erratic, including emotional blackmail, such as demanding Ms. Anaya publicly apologize and perform degrading acts in court before he would consent to the divorce.

The family’s concerns are significant: Mr. Brijesh constantly threatens Mr. Devraj and Ms. Anaya with spreading scandalous rumors to their entire family and Ms. Anaya’s workplace. There is apprehension that while he currently only demands the jewelry, he may escalate his financial demands at each stage of the mutual divorce proceedings. A major worry is the potential for physical harm to Ms. Anaya or her parents if his demands are not met. Mr. Brijesh is described as an unpredictable, impulsive, and volatile businessman from Indravati, believed to be under severe financial distress, potentially leveraging the situation to his advantage. His brother, Mr. Gaurav, is known to have connections with local problematic elements.

The family seeks clarity on several fronts: Can they protect themselves from additional demands during mutual divorce proceedings and ensure no further money is paid to him? Is filing a First Information Report (FIR) for harassment a viable option to gain leverage? What would be the grounds for a contested divorce if that route is pursued? Mr. Devraj, Mrs. Leela, and Ms. Anaya are concerned about adverse cross-examination in open court regarding Ms. Anaya’s marital life, character, and behavior. Is there a way to keep the case contained? The family wishes to avoid prolonged proceedings, and the divorce would need to be filed in Vardhanpur.

Advice in such cases ⚖️

• Gather all evidence meticulously: bank statements, WhatsApp chats, call recordings (if legally permissible and admissible), emails, photographs, and witness statements.
• Under no circumstances should you concede to any illegal or degrading demands, especially regarding the relinquishment of claims or performing humiliating acts.
• Consider filing a complaint under the Protection of Women from Domestic Violence Act, 2005, for emotional, economic, and verbal abuse. This can provide crucial protection orders.
• For a mutual divorce, ensure all terms, including financial settlements and the return of articles, are explicitly documented in the Memorandum of Understanding (MOU) to be submitted to the court. Do not agree to anything outside this official agreement.
• If mutual consent proves impossible due to Mr. Brijesh’s unreasonable demands, a contested divorce on grounds of cruelty and desertion (under Section 13 of the Hindu Marriage Act, 1955) might be necessary.
• Regarding threats of spreading rumors: this constitutes criminal intimidation and defamation. A police complaint (FIR) can and should be filed.
• For concerns about physical safety, consider seeking police protection or applying for a protection order under the Domestic Violence Act.

Applicable Sections of Law 📜

• Hindu Marriage Act, 1955:
  • Section 13: Grounds for divorce, including cruelty and desertion.
  • Section 13B: Divorce by mutual consent.
• Protection of Women from Domestic Violence Act, 2005:
  • Section 3: Definition of domestic violence, covering physical, sexual, verbal, emotional, and economic abuse.
  • Section 18: Protection orders.
  • Section 19: Residence orders.
  • Section 20: Monetary relief.
• Bharatiya Nyaya Sanhita (BNS), 2023:
  • Section 141: Extortion, if threats are used to compel delivery of property or valuable security.
  • Section 356: Criminal Intimidation, for threatening injury to person, reputation, or property.
  • Section 358: Defamation, for making or publishing any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
  • Section 173: Information in cognizable cases (i.e., filing an FIR).
  • Section 231: Direction for grant of anticipatory bail in certain cases.
• Indian Contract Act, 1872:
  • Relevant for recovery of the loan amount, as it governs contracts and repayment.

If you are the complainant 🚨

Approach the local police station in Vardhanpur (or where the threats/harassment occurred) and file a First Information Report (FIR) under the relevant sections of BNS for criminal intimidation, defamation, or extortion. Provide all available evidence: screenshots of WhatsApp chats, bank transfer details, details of phone calls (if legally recorded and admissible), and details of witnesses (e.g., Mr. Devraj). Ensure the FIR clearly states the nature of threats (spreading rumors, physical harm) and financial demands. If the police are hesitant, you can approach the Superintendent of Police or file a complaint with the Magistrate under Section 175 of BNSS.

If you are the victim 🛡️

Your primary concern for safety is paramount. Document every threat, call, message, or incident. Immediately report any physical threat to the police. Consider seeking an interim protection order under the Protection of Women from Domestic Violence Act, 2005, which can restrain Mr. Brijesh from contacting or threatening you or your family, and from entering your residence.

For the divorce proceedings, focus on establishing grounds for cruelty (which includes mental and emotional cruelty like harassment, threats, and unreasonable demands) and desertion. The financial harassment and character assassination threats clearly fall under mental cruelty. Regarding cross-examination, while it’s part of contested proceedings, your legal counsel can object to irrelevant or harassing questions. The court’s focus is on the grounds for divorce, not unnecessary character assassination. In-camera proceedings (not open to the public) can be requested for sensitive matters to protect privacy.

How the police behave in such cases 👮

Police responses can vary. They may initially try to mediate, especially in family disputes. It’s crucial to insist on registering an FIR if a cognizable offense (like criminal intimidation or extortion) has occurred. If the police refuse to register an FIR, you can send a written complaint by registered post to the Superintendent of Police or file a private complaint before the Magistrate. Be prepared to follow up diligently. The police may also advise you to seek civil remedies for the divorce and financial recovery, but criminal complaints for threats and harassment are distinct and should be pursued independently.

FAQs people normally have ❓

• Q: Can we protect ourselves from additional demands during mutual divorce?
  • A: Yes, by ensuring all terms are explicitly laid out in a comprehensive Mutual Consent Divorce Petition and a separate Memorandum of Understanding (MOU). Any demands outside this agreement should be rejected. Do not sign anything that does not include all terms or that includes unreasonable concessions.
• Q: Is filing an FIR for harassment a viable option to gain leverage?
  • A: An FIR should be filed based on genuine criminal acts (threats, intimidation, extortion). While it may create pressure, its primary purpose is to initiate criminal proceedings for the offenses committed by Mr. Brijesh. It is not merely a tool for ‘leverage’ in a civil divorce case, though it can influence the dynamics.
• Q: What are the grounds for a contested divorce?
  • A: In this scenario, grounds include ‘cruelty’ (mental and emotional harassment, threats, character assassination, unreasonable demands, financial exploitation) and ‘desertion’ (Ms. Anaya moving out for 10 months due to Mr. Brijesh’s conduct).
• Q: Can the case be kept contained to avoid adverse cross-examination?
  • A: While cross-examination is inherent in contested cases, your lawyer can object to irrelevant or defamatory questions. You can also request the court for ‘in-camera’ proceedings (private hearings, not open to the public) to protect privacy and avoid embarrassment, especially concerning sensitive marital details.
• Q: How do we recover the loan amount?
  • A: The loan recovery is a separate civil dispute. It can be pursued through a civil suit for recovery of money, or potentially as part of the overall settlement in the divorce proceedings if Mr. Brijesh agrees. However, given his stance, a separate civil suit might be necessary if it’s not settled in divorce.

What evidence is required? 📝

• For Loan Recovery: Bank transfer statements, any written communication (WhatsApp, emails) acknowledging the loan or discussing its terms, witness statements if money was handed over in cash (though bank transfers are stronger).
• For Harassment/Threats/Extortion: Screenshots of WhatsApp chats, call recordings (if legally obtained and admissible), SMS messages, witness statements from Mr. Devraj or others who received threats.
• For Cruelty (Divorce): Evidence of financial harassment (bank statements, messages), threats (messages, witness statements), desertion (proof of separate residence), and any other incidents demonstrating mental or emotional abuse.
• For Jewelry: Wedding photos/videos, receipts (if any), testimony from family members who witnessed the giving of jewelry.

How long will the investigation take? ⏳

A police investigation following an FIR can vary widely, from a few weeks to several months, depending on the complexity, cooperation of parties, and police workload. Divorce proceedings (contested) can be lengthy, often taking 2-5 years, sometimes more, especially if appeals are filed. Mutual consent divorce is generally faster, completing in 6-18 months (due to the mandatory cooling-off period). A civil suit for money recovery can also take several years.

Advocate Sudhir Rao, Supreme Court of India