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 seeking divorce from her husband Mr. Y due to multiple serious issues. She faced domestic violence, complete non-maintenance despite Mr. Y having adequate income, psychological manipulation, and most disturbingly, he was forcing her to consume epilepsy and psychiatric medications without medical necessity to keep her subdued. Mr. Y had also misrepresented his financial status before marriage, creating a fraudulent foundation for their relationship. When confronted, Mr. Y agreed to divorce but was attempting to manipulate the terms to avoid paying maintenance and other legal obligations. Ms. X needed comprehensive legal protection and fair settlement terms.

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 violence and abuse immediately. Preserve medical records, photographs of injuries, and witness statements. File for protection orders under the Domestic Violence Act simultaneously with divorce proceedings. Never agree to mutual consent divorce without securing adequate maintenance and compensation for the suffering endured.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 85 covers voluntarily causing hurt, Section 86 addresses grievous hurt, and Section 115 deals with voluntarily causing hurt or grievous hurt on grave provocation. Section 351 covers criminal intimidation. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), procedures for filing complaints and obtaining protection are outlined. The Domestic Violence Act, 2005, and Hindu Marriage Act, 1955 (or respective personal laws) also apply for divorce and maintenance proceedings.

If You Are the Complainant

• File FIR for domestic violence under relevant BNS sections immediately
• Apply for protection order under Domestic Violence Act within local magistrate court
• Collect and preserve all evidence including medical records, photographs, audio/video recordings
• File divorce petition citing cruelty, domestic violence, and fraud as grounds
• Claim interim maintenance, permanent alimony, and compensation for mental trauma

If You Are the Victim

• Seek immediate medical attention and preserve all medical reports as evidence
• Contact National Women Helpline 1091 or local women protection officer
• File complaint at nearest police station or through online portal
• Apply for residence order to stay in matrimonial home safely
• Seek counseling support and maintain detailed diary of all incidents with dates

How the Police Behave in Such Cases

Police initially may attempt to mediate and suggest “family counseling” approach. However, under mandatory provisions, they must register FIR for domestic violence complaints. They conduct preliminary inquiry, collect statements from both parties, and may arrest the accused if evidence is substantial. Police often coordinate with women protection officers and provide information about legal remedies available under various acts.

FAQs People Normally Have

Can I get maintenance during divorce proceedings? Yes, you can claim interim maintenance under Section 24 of Hindu Marriage Act.

Is mutual consent divorce advisable in abuse cases? Generally not recommended as it may compromise your rights to adequate compensation.

How long does domestic violence case take? Criminal cases typically take 2-3 years, while protection orders can be obtained within weeks.

Can I claim compensation for mental trauma? Yes, courts can award compensation for mental cruelty and trauma suffered.

What Evidence Is Required?

• Medical reports and photographs documenting physical injuries
• Audio or video recordings of threats and violent behavior
• Witness statements from neighbors, relatives, or friends
• Bank statements proving financial fraud and non-maintenance
• Prescription records showing forced medication without medical necessity
• Communication records including WhatsApp messages, emails showing harassment
• Police complaint copies and hospital visit records

How Long Will the Investigation Take?

Police investigation typically completes within 60-90 days for domestic violence cases. However, complex cases involving multiple charges may extend to 6 months. Court proceedings for divorce usually take 1-3 years depending on whether it’s contested or mutual consent. Protection orders under Domestic Violence Act are usually granted within 3-4 weeks of application.

Advocate Sudhir Rao, Supreme Court of India