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

We received a query from a young woman, Ms. Priya, who is about to leave for her studies in another city. She is deeply concerned for the well-being of her father, Mr. Verma, and her 10-year-old brother, Rohan, due to the distressing environment at their home in Jayanagar. According to Ms. Priya, her mother, Mrs. Verma, subjects her husband to constant emotional and mental harassment, belittling him and controlling all family matters. This has taken a severe toll on Mr. Verma’s health.

Mrs. Verma allegedly neglects her maternal duties, leaving young Rohan in the care of his older sister. She reportedly spends her time on her phone, meeting other men, and has been unfaithful to her husband on multiple occasions. She avoids all household responsibilities under the pretext of being unwell, only to become active for her social engagements. Furthermore, she is pressuring Mr. Verma to purchase a property the family cannot afford, threatening to file false police complaints against him if he does not comply. This constant psychological manipulation has created an atmosphere of fear. Ms. Priya, who has been a buffer in the family, is worried about what will happen once she is no longer physically present to protect her father and brother.

Advice in such cases

Navigating such a sensitive family situation requires a calm and strategic approach. The primary focus should be on the safety and well-being of the child and the abused spouse.

• Document Everything: Keep a detailed record of all incidents of abuse, neglect, and threats. Note down dates, times, what was said or done, and who was present. This log can be invaluable as evidence.
• Gather Digital Evidence: Safely preserve any text messages, emails, call recordings, or social media posts that substantiate the claims of neglect, infidelity, or threats. Be mindful of privacy laws when recording conversations.
• Secure Finances: Mr. Verma should take steps to protect his financial assets, especially if there is pressure to make unaffordable purchases. He should secure his bank accounts and important financial documents.
• Consult with Lawyer: The very basic and important step to start is to talk to a lawyer or advocate. You should not hesitate in paying his consultation fee, which might be in the range of Rs. 10,000 to Rs. 50,000, depending on the case. He is helping you come out of this situation. He is an expert in the domain and can help you understand the procedure, which you might have never explored. A good lawyer can get the issues resolved in 7-10 days.
• Child’s Well-being: Prioritize the child’s needs. Ensure his school is aware of the situation if his performance or attendance is affected. The father should take on a more active parenting role to compensate for the mother’s neglect.

Applicable Sections of Law

Several legal provisions can be invoked in such a scenario under Indian law:

• Cruelty as a Ground for Divorce: Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, mental and emotional cruelty is a valid ground for divorce. The constant harassment, false accusations, and infidelity described constitute severe mental cruelty.
• Child Neglect and Cruelty: Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, penalizes anyone who has control of a child and assaults, abandons, abuses, or willfully neglects the child, causing them unnecessary mental or physical suffering. This is a cognizable offense.
• Criminal Intimidation: The threat to file false police cases to compel Mr. Verma to act against his will falls under criminal intimidation. Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS) addresses this offense.
• Child Custody: The father can file a petition for sole custody of the child under the Guardians and Wards Act, 1890, citing the mother’s neglectful and harmful behavior. The court’s primary consideration will always be the welfare of the child.

If you are the complainant

If you (as the father or a concerned family member acting on his behalf) decide to take legal action, the process would generally involve these steps:

• Engage a competent family law advocate to guide you through the process.
• Compile all the evidence you have gathered (diary, digital evidence, witness details).
• Your lawyer will draft and file a petition for divorce on the grounds of cruelty in the appropriate Family Court.
• Simultaneously, a petition for child custody can be filed, highlighting why it is in the child’s best interest to be with the father.
• If the threats are severe and immediate, a police complaint for criminal intimidation can be filed under Section 351 of the BNS.
• For child neglect, a complaint can be made to the local police or the Child Welfare Committee (CWC).

If you are the victim

For the father, being a victim of emotional abuse can be isolating. It is crucial to understand your rights. You have the right to live with dignity and without fear. The law provides a remedy through divorce on the grounds of cruelty. For the child, the law sees him as a victim of neglect. The father, as the natural guardian, has the right and duty to protect the child. He can approach the court to secure the child’s physical and emotional well-being by seeking sole custody and ensuring a stable environment for his upbringing.

How the police behave in such cases

It is a common perception that police may be hesitant to register complaints filed by men against their wives, often dismissing them as “domestic disputes.” They might initially suggest mediation or counseling. However, if the complaint involves clear criminal acts like child neglect under the JJ Act or credible threats amounting to criminal intimidation under the BNS, they are legally bound to investigate. Presenting clear, organized evidence can compel them to take action. It is advisable to have a lawyer accompany you to the police station to ensure your complaint is taken seriously and a First Information Report (FIR) is registered if the offense is cognizable.

FAQs people normally have

What evidence is required?

Strong evidence is key to a successful legal case. This includes:

• Documentary Evidence: A detailed diary of incidents, screenshots of messages/chats, emails, and any financial records showing extortion or unreasonable demands.
• Electronic Evidence: Audio or video recordings of abusive conversations or threats (admissibility may depend on the circumstances of recording, which your lawyer can advise on).
• Witness Testimony: Statements from family members, friends, or neighbors who have witnessed the abuse or neglect. Ms. Priya’s testimony would be very powerful.
• Child’s Testimony/Behavior: School reports indicating a decline in performance, or statements from a child psychologist or counselor, can serve as evidence of neglect’s impact.
• Medical Records: Documents showing the decline in the father’s health due to stress and mental agony can support the claim of cruelty.

How long will the investigation take?

The duration of legal proceedings in India can be unpredictable. A police investigation into a criminal complaint can take a few months. A contested divorce and custody battle can take several years to reach a final decision. However, the courts can provide interim relief much faster. For instance, a court can pass temporary orders for child custody, visitation rights, and maintenance within a few months of filing the case to ensure the child’s immediate welfare is protected while the main case proceeds.

Advocate Sudhir Rao, Supreme Court of India