If you are stuck in such a situation, here is what to do.
This article addresses a distressing but unfortunately common scenario faced by many women in India. We will examine the case of Ms. Kavita, who finds herself in an abusive marriage, abandoned by her husband who has now committed bigamy. This situation involves elements of domestic violence, cruelty, desertion, and criminal misconduct.
Ms. Kavita entered into a love marriage with Mr. Alok a few years ago. Shortly after, she discovered his financial instability and his involvement in large-scale online scams targeting international victims. With the proceeds from these illicit activities, Mr. Alok moved to a different city and established a hospitality business in another state. The marriage was fraught with abuse from the beginning. Mr. Alok was physically violent, once causing severe injuries to Ms. Kavita’s face. His mother also subjected her to extreme cruelty and they coerced her into giving up her wedding jewelry to finance the new business. Periodically, Mr. Alok would force Ms. Kavita out of their home, sending her back to her elderly father’s house.
For over a year, Mr. Alok has completely abandoned Ms. Kavita, cutting off all contact. Recently, she learned through mutual contacts that he has married another woman, and they now have a child together. Ms. Kavita feels shattered and helpless. Her attempts to seek help from local police stations were dismissed as a “family matter,” and her appeal to a Women’s Commission yielded no results. She fears for her life due to her husband’s extensive criminal background and is hesitant to take legal action, fearing retaliation. This guide outlines the legal paths available to individuals in such a predicament.
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 of 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 Everything: Create a detailed timeline of all events. Note down every instance of physical, verbal, emotional, and economic abuse with dates, locations, and a description of what happened. This written record is a powerful tool.
Preserve All Communication: Do not delete any text messages, emails, voicemails, or social media interactions with the husband or his family. These can serve as crucial evidence of cruelty, abandonment, and his general conduct.
Secure Your Documents: Ensure you have possession of your personal identification, educational certificates, bank documents, passport, and any other important papers. Make digital and physical copies and store them in a safe place.
Applicable Sections of Law
Understanding the relevant legal provisions is the first step towards empowerment. Under the new Indian legal framework, the following laws are applicable:
The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a comprehensive civil law that provides protection against physical, emotional, sexual, and economic abuse. It allows for immediate relief, such as protection orders, residence orders, and monetary relief.
Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cruelty by a husband or his relatives. It is a criminal provision, and a conviction can lead to imprisonment and a fine. It is the equivalent of the former Section 498A of the IPC.
Section 82 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section criminalizes bigamy—marrying again during the lifetime of a husband or wife. The offence is punishable with imprisonment. This corresponds to the former Section 494 of the IPC.
The Hindu Marriage Act, 1955: A wife can seek divorce on grounds of cruelty, desertion (abandonment for a continuous period of not less than two years), and adultery. Since the husband has married another woman, it constitutes grounds for divorce.
Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This provision allows a wife who is unable to maintain herself to claim maintenance from her husband if he has sufficient means and neglects or refuses to maintain her.
If you are the complainant
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 of 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.
File a Complaint under PWDVA: Approach the court to file an application under the Domestic Violence Act. This can secure immediate orders for your protection, prevent the husband from contacting you, and provide for your maintenance and residence.
Lodge an FIR: File a First Information Report (FIR) at the police station under Section 85 (Cruelty) and Section 82 (Bigamy) of the BNS. If the police refuse, you can send a written complaint to the Superintendent of Police or file a private complaint with the Magistrate.
Initiate Divorce Proceedings: File a petition for divorce in the Family Court on the grounds of cruelty, desertion, and adultery.
If you are the victim
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 of 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.
Prioritize Your Safety: If you are in physical danger, your first priority is to move to a safe location. This could be with a trusted friend or relative.
Get a Medical Examination: If you have been physically assaulted, visit a doctor or a government hospital immediately. A medico-legal certificate (MLC) is crucial evidence of physical abuse.
Gather Evidence of Bigamy: Try to collect any information about the second marriage, such as the name of the second wife, photographs of the wedding or them as a couple, or the birth certificate of their child. The testimony of mutual acquaintances is also valuable.
How the police behave in such cases
It is a common complaint that police officers may initially be dismissive of matrimonial disputes, often terming them “family matters” and encouraging “compromise.” They may hesitate to register an FIR for cruelty or bigamy. However, you have rights. If the police refuse to register your FIR, you can approach a senior police official, such as the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP). If that fails, your lawyer can help you file a private complaint directly before the Magistrate, who can order the police to investigate under Section 156(3) of the BNSS.
FAQs people normally have
What evidence is required?
The court considers all forms of evidence. Direct proof like photos or videos is helpful but not mandatory. Key evidence includes:
Your own detailed and consistent testimony.
Testimony of witnesses (family, friends, neighbors) who were aware of the abuse or abandonment.
Medical reports (MLC) documenting injuries from physical abuse.
Electronic evidence like text messages, emails, or social media posts.
Evidence of the second marriage, which can be witness testimony, photographs, or public records like a child’s birth certificate.
Financial records demonstrating economic abuse, like bank statements showing the transfer of funds or property documents.
How long will the investigation take?
The duration of legal proceedings in India can be lengthy. An investigation and trial for criminal cases like cruelty and bigamy can take several years. Similarly, divorce proceedings can be protracted. However, interim relief under the PWDV Act and for maintenance under Section 125 of the BNSS can be obtained much faster, often within a few months, to provide immediate support to the victim.
Advocate Sudhir Rao, Supreme Court of India