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, a 33-year-old woman, got married in DD/MM/2024. Soon after marriage, she discovered that her mother-in-law was extremely toxic and narcissistic, creating a hostile environment at home. Her husband, Mr. Y, was completely under his mother’s influence and refused to maintain any meaningful relationship with Ms. X. He would not support her against his mother’s harassment and showed no interest in building their marital relationship. The situation became so unbearable that Ms. X was forced to move out of her matrimonial home, as living separately within the same house was not feasible. She approached our office seeking legal remedies for the mental cruelty and abandonment she faced from both her husband and in-laws.

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 harassment and mental cruelty with dates and witnesses. Maintain communication records showing your husband’s indifferent behavior. File a complaint under the Domestic Violence Act for protection and residence rights. Consider mediation through family court before pursuing divorce proceedings.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 85 deals with cruelty by husband or relatives. Section 86 covers dowry death provisions. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 provides procedures for cognizable offenses. Additionally, the Protection of Women from Domestic Violence Act, 2005, and Hindu Marriage Act, 1955 (Section 13 for divorce on grounds of cruelty) are applicable. These laws provide comprehensive protection against mental and physical harassment within matrimonial relationships.

If You Are the Complainant

• File an FIR under BNS Section 85 for cruelty by husband and in-laws
• Approach the magistrate for protection orders under Domestic Violence Act
• Collect evidence including WhatsApp messages, emails, and witness statements
• Seek interim maintenance from family court during proceedings
• Consider filing for restitution of conjugal rights initially, then divorce if unsuccessful

If You Are the Victim

• Immediately move to a safe location with trusted family or friends
• Contact women’s helpline numbers for immediate support and guidance
• Preserve all evidence of harassment including recordings, messages, medical records
• File complaint at nearest police station or through online portal
• Approach Protection Officer for emergency relief and temporary accommodation

How the Police Behave in Such Cases

Police typically treat matrimonial disputes as family matters initially and may suggest counseling. They often try to mediate between parties before registering FIR. However, under BNS provisions, they are bound to register complaints of cruelty. Police may conduct preliminary inquiry and call both parties for questioning. They generally prefer settlement through family elders but will proceed with investigation if mediation fails.

FAQs People Normally Have

Can I file case against mother-in-law? Yes, under BNS Section 85, in-laws can be prosecuted for cruelty.

How long does divorce take? Mutual consent divorce takes 6-18 months, contested divorce can take 2-5 years.

Can I claim maintenance? Yes, interim and permanent maintenance can be claimed during proceedings.

What if husband doesn’t appear in court? Court can proceed ex-parte after proper service of summons.

What Evidence Is Required?

• WhatsApp messages and call recordings showing harassment
• Medical certificates documenting mental stress or physical injuries
• Witness statements from neighbors, relatives, or friends
• Bank statements showing financial restrictions
• Photographs of matrimonial home and personal belongings
• Marriage certificate and related documents
• Dowry receipts or demand letters if applicable

How Long Will the Investigation Take?

Police investigation typically takes 2-3 months for matrimonial cruelty cases. The investigating officer will record statements of both parties and witnesses. Chargesheet filing may take additional 1-2 months depending on case complexity. Court proceedings commence after chargesheet filing, and trial duration varies based on evidence and cooperation of parties involved.

Advocate Sudhir Rao, Supreme Court of India