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 approached me through her son Mr.Y, seeking legal assistance for divorce proceedings in City A. She had endured years of psychological trauma in a toxic marriage and needed to secure the welfare of her three children aged 10, 16, and 20 years. The case involved complex issues including child custody, maintenance, and domestic violence allegations. Mrs.X had limited financial resources and was exploring legal aid options. The marriage had deteriorated to a point where cohabitation became impossible, affecting not only her mental health but also the children’s wellbeing. She needed immediate legal intervention to protect herself and ensure proper custody arrangements for the minors while securing maintenance for all three children.

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 instances of domestic violence with medical records and witness statements
• Gather financial documents including salary slips, property papers, and bank statements for maintenance calculations
• Secure temporary custody arrangements through appropriate legal channels while the case is pending

Applicable Sections of Law

Divorce cases involving domestic violence and child welfare fall under multiple legal provisions. Section 85 of BNS deals with causing hurt which applies to domestic violence situations. Section 351 of BNSS covers procedures for recording statements in sensitive cases. The Hindu Marriage Act governs divorce proceedings for Hindu marriages, while the Protection of Women from Domestic Violence Act provides additional remedies. Child custody matters are governed by the Guardians and Wards Act, ensuring the best interests of minor children are protected throughout the legal process.

If You Are the Complainant

• File a comprehensive divorce petition citing all grounds including cruelty, domestic violence, and irreconcilable differences
• Simultaneously apply for interim maintenance and custody of minor children through the family court
• Maintain detailed records of all incidents of abuse with dates, witnesses, and supporting evidence
• Seek counseling support for yourself and children to address psychological trauma during proceedings
• Ensure all legal notices are properly served to the respondent through authorized channels

If You Are the Victim

• Immediately seek medical attention for any injuries and preserve all medical records as evidence
• File complaints with local police station and obtain copy of FIR for court proceedings
• Contact women’s helplines and support groups for emotional and practical assistance
• Secure temporary shelter arrangements if continued cohabitation poses safety risks to you and children
• Gather all important documents including identity proofs, property papers, and children’s certificates in secure location

How the Police Behave in Such Cases

Police typically treat domestic violence and divorce-related complaints with standard procedures. They may attempt mediation initially, but are legally bound to register FIRs for cognizable offenses. Officers usually advise victims to approach family courts for civil remedies while handling criminal aspects separately. Response times vary, and sensitivity training has improved police handling of domestic violence cases, though challenges remain in rural areas.

FAQs People Normally Have

Q: Can I get divorce without mutual consent?
Yes, contested divorce is possible citing grounds like cruelty, desertion, or adultery under Hindu Marriage Act.

Q: How is child custody decided?
Courts prioritize child welfare, considering factors like parent’s financial stability, emotional bond, and children’s preferences if they’re mature enough.

Q: What maintenance can I claim?
You can claim interim and permanent maintenance based on husband’s income, your needs, and children’s requirements.

Q: How long does divorce take?
Contested divorces typically take 2-5 years depending on court workload and case complexity.

What Evidence Is Required?

• Marriage certificate and wedding photographs establishing the matrimonial relationship
• Medical records documenting injuries from domestic violence incidents
• WhatsApp messages, emails, or recordings proving harassment or threats
• Witness statements from neighbors, relatives, or friends who observed abuse
• Financial documents including salary slips, bank statements, and property papers
• Children’s birth certificates and school records for custody proceedings
• Police complaints, FIRs, or protection orders if previously filed

How Long Will the Investigation Take?

Family court proceedings for divorce cases typically take 2-5 years for contested matters. Criminal investigations for domestic violence charges may conclude within 6-12 months. Interim orders for maintenance and custody are usually decided within 2-3 months of filing. The timeline depends on court schedules, evidence complexity, and whether parties reach settlements during mediation stages.

Advocate Sudhir Rao, Supreme Court of India