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

Ms. Anjali, a young professional, found herself in a deeply distressing situation. After she became pregnant, her partner, Mr. Sameer, emotionally compelled her to marry him. Believing in a shared future, she agreed. However, immediately after their wedding last year, Mr. Sameer’s behaviour changed drastically. He became distant, dishonest, and was unfaithful. The marriage, it seemed, was a sham, a tool he used to enhance his social standing and possibly aid his career ambitions. One day, without a word, he left for a different city, Jaipur, leaving Ms. Anjali completely in the dark. His family offered no support or information, effectively ghosting her. She was left abandoned, betrayed, and emotionally devastated, with no clarity on the legal or financial implications of this fraudulent union. Now, she seeks to understand her legal rights and pursue action against him.

Advice in such cases

• Ensure your personal safety and well-being first. Reach out to trusted friends or family for support.
• Gather and secure all communication records, documents, photographs, and any other potential evidence.
• Avoid any direct confrontational communication with the other party or their family without first seeking legal guidance.
• 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.

Applicable Sections of Law

For situations involving marital fraud, cruelty, and abandonment, several laws can be invoked:

• Section 69 of Bharatiya Nyaya Sanhita, 2023 (BNS): This new provision specifically criminalizes the act of making a false promise of marriage or using deceitful means to induce a woman into a sexual relationship or marriage. It can be highly relevant in cases where the marriage itself was a fraudulent act.
• Section 85 of BNS: This section addresses cruelty inflicted by a husband or his relatives. Emotional abandonment, mental harassment, and infidelity are forms of cruelty that can be prosecuted under this law.
• Section 318 of BNS: This pertains to cheating. If it can be proven that the marriage was a dishonest inducement for purposes like obtaining a visa, enhancing social image, or other gains, this section may apply.
• The Hindu Marriage Act, 1955: This act provides civil remedies. You can file for divorce on grounds of cruelty and desertion. You may also petition to have the marriage declared null and void if it can be proven that your consent was obtained by fraud.
• Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This law (which replaces Section 125 of the CrPC) entitles a wife, who is unable to maintain herself, to claim financial maintenance from her husband. This right exists even if she has been abandoned.
• The Protection of Women from Domestic Violence Act, 2005: This Act provides a broad definition of abuse, including emotional, verbal, and economic abuse. It offers civil remedies such as protection orders, residence orders, and monetary relief.

If you are the complainant

• Your first action should be to create a detailed, chronological account of all events, from the beginning of the relationship to the point of abandonment.
• Gather all supporting documents, such as the marriage certificate, photographs, digital communications (chats, emails), and any evidence of financial transactions.
• 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.
• With your lawyer’s guidance, you can decide on the best legal strategy, which may involve filing a police complaint for criminal action, a petition in family court for divorce and maintenance, or a combination of legal actions.

If you are the victim

• Prioritize your mental and emotional well-being. Do not hesitate to seek support from a professional counsellor to navigate the trauma.
• Secure your financial situation. If there are joint bank accounts or assets, seek immediate legal advice on how to protect your interests.
• Refrain from posting about the situation on social media or making public statements, as these can be misinterpreted and used against you in legal proceedings.
• 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.

How the police behave in such cases

The response from the police can be varied. In some instances, officers are cooperative and will promptly register a First Information Report (FIR) upon seeing clear evidence of cruelty or cheating. However, it is also common for the police to initially treat such matters as “family disputes” and push for mediation or counselling. They may show reluctance to file a criminal case. Having a lawyer present your case at the police station ensures that the complaint is taken seriously and the FIR is registered under the correct legal provisions. If the police refuse to cooperate, your lawyer can escalate the matter to a senior officer or file a complaint directly with a Magistrate.

FAQs people normally have

• Can I file for divorce just because he left?
  Yes. Abandonment, legally termed ‘desertion’, for a continuous period of two years is a direct ground for divorce. However, acts of emotional abandonment, infidelity, and deceit constitute ‘cruelty’, which is a more immediate ground for seeking a divorce without waiting for two years.
• How can I take action if he is in another city?
  You can absolutely initiate legal proceedings. The jurisdiction for filing a case can be determined by factors like where your marriage took place, where you and your husband last lived together, or even where you are currently residing after being abandoned.
• Is my marriage considered legal?
  If the marriage was performed with the proper religious ceremonies and has been registered, it is legally valid. The appropriate legal remedy is not to ignore it but to formally dissolve it by filing for divorce or having it annulled by the court on the grounds of fraud.
• Can I claim maintenance for myself and my child?
  Yes. As his legally wedded wife, you have an absolute right to claim maintenance from your husband for both yourself and your child under Section 144 of the BNSS. His abandonment does not absolve him of this financial responsibility.

What evidence is required?

• The marriage certificate and photographs/videos from the wedding ceremony are primary evidence of the marriage.
• Digital evidence is crucial. This includes screenshots of text messages, WhatsApp chats, emails, and social media posts that can establish the narrative of deceit, manipulation, and abandonment.
• Witness testimonies from friends, family members, or colleagues who can corroborate your side of the story.
• Any evidence of his infidelity, such as photographs or messages.
• The birth certificate of your child, which establishes his paternity and responsibility.
• Bank statements or records of any financial transactions between you and him or his family.

How long will the investigation take?

The timeline for legal proceedings in India can be lengthy and unpredictable. A police investigation may take several months to complete before a chargesheet is filed. The subsequent court case, whether it’s for divorce, maintenance, or criminal charges, can take several years to reach a final judgment, depending on the complexity of the matter, the evidence presented, and the workload of the court.

Advocate Sudhir Rao, Supreme Court of India