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.

Ms. X approached me regarding severe marital problems her sister Ms. Y was facing. The arranged marriage was fixed in DD/MM/YYYY through mutual relatives in City A. After marriage in DD/MM/YYYY, Ms. Y began experiencing harassment from her husband Mr. Z and in-laws demanding additional dowry. Despite Ms. Y disclosing all relevant information before marriage, the husband’s family started making unreasonable demands for cash, jewelry, and household items. The harassment escalated to physical abuse and threats. Ms. Y was confined to the house, her movements restricted, and subjected to mental torture. When the family refused to intervene, Ms. X sought legal assistance for her sister who was trapped in an abusive marriage and needed immediate protection and legal remedies.

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 incidents of harassment and abuse with dates and details. Gather witnesses who can testify about the treatment. Secure important documents like marriage certificate, identity proofs, and any evidence of dowry demands. Consider filing a complaint under domestic violence provisions for immediate protection.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 85 covers cruelty by husband or relatives, while Section 86 addresses dowry-related harassment. The Protection of Women from Domestic Violence Act, 2005 provides comprehensive remedies. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 allows for immediate arrest in cognizable offenses. Section 174 of BNSS covers police investigation procedures. These provisions work together to provide both criminal and civil remedies for matrimonial disputes involving harassment, dowry demands, and domestic violence situations.

If You Are the Complainant

• File a complaint at the nearest police station under relevant sections of BNS
• Apply for protection order under Domestic Violence Act for immediate relief
• Gather all evidence including photographs, medical reports, and witness statements
• Maintain detailed diary entries of all incidents with dates and circumstances
• Seek support from family members and trusted friends as witnesses

If You Are the Victim

• Contact women helplines or protection officers for immediate assistance
• Preserve evidence like injuries, torn clothes, threatening messages or recordings
• Inform trusted family members or friends about your situation
• Keep important documents and some money in a safe place
• Do not hesitate to approach court for interim maintenance and protection orders

How the Police Behave in Such Cases

Police typically register FIR under relevant sections of BNS including cruelty and dowry harassment provisions. They conduct preliminary investigation by recording statements of victim and witnesses. Medical examination is arranged if physical abuse is reported. Police may attempt reconciliation initially but must provide protection if violence is established. Investigation includes visiting the matrimonial home and questioning the accused family members.

FAQs People Normally Have

Can I file case immediately after marriage? Yes, if harassment or demands begin immediately, legal action can be taken without delay. Will police arrest husband immediately? Arrest depends on severity and evidence, but protection can be provided immediately. Can I claim maintenance during proceedings? Yes, interim maintenance can be claimed under various matrimonial laws. What if in-laws threaten me? All family members involved in harassment can be made accused in the complaint and legal action taken against them.

What Evidence Is Required?

• Medical reports showing injuries from physical abuse
• Photographs of injuries, damaged property, or threatening messages
• Audio/video recordings of threats or demands
• Witness statements from neighbors, relatives, or friends
• Documents proving dowry demands like letters, emails, or WhatsApp messages
• Marriage certificate and related documents
• Bank statements showing financial transactions related to demands

How Long Will the Investigation Take?

Initial investigation typically takes 2-3 months depending on complexity and cooperation of parties. Police must complete investigation within 90 days under BNSS provisions. Court proceedings may extend from 6 months to 2 years based on case complexity. Interim relief like protection orders and maintenance can be obtained within few weeks of filing complaint.

Advocate Sudhir Rao, Supreme Court of India