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.

Mr.X approached me with a complex matrimonial dispute involving his spouse Mr.Y. The couple, married for five years and residing in City A, were facing serious marital discord involving allegations of domestic violence, dowry harassment, and maintenance issues. Mr.Y had filed multiple complaints with the local police station against Mr.X’s family, claiming physical and mental torture. Simultaneously, Mr.X was seeking custody of their minor child and filing for divorce on grounds of cruelty. The case involved cross-complaints, property disputes, and involved both families from different states. The situation escalated when Mr.Y left the matrimonial home and filed cases under various sections of matrimonial laws. Both parties needed immediate legal intervention to protect their rights and interests while ensuring the child’s welfare remained paramount.

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 meticulously with dates, times, and witnesses present. Preserve all communication records including messages, emails, and call logs as evidence. Avoid any confrontational behavior that could worsen the situation or be used against you in court. Consider mediation or counseling before proceeding with legal action, as matrimonial disputes often benefit from alternative dispute resolution methods.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 85 deals with domestic violence and cruelty by husband or relatives. Section 87 addresses dowry death and harassment. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 provides procedures for arrest and investigation in matrimonial cases. Additionally, the Protection of Women from Domestic Violence Act, Hindu Marriage Act, and Dowry Prohibition Act are applicable. Family courts have jurisdiction over matrimonial disputes including divorce, maintenance, custody, and property settlement matters under relevant personal laws.

If You Are the Complainant

• File a detailed complaint with the local police station or approach the family court directly for matrimonial relief
• Gather all documentary evidence including marriage certificate, photographs, medical records, and witness statements
• Apply for interim maintenance and child custody if applicable while the case is pending
• Consider filing under the Domestic Violence Act for immediate protection orders and residence rights
• Maintain a detailed diary of all incidents with dates, locations, and circumstances for court proceedings

If You Are the Victim

• Immediately seek medical attention and obtain medical certificates documenting any physical injuries or trauma
• Contact the National Commission for Women helpline or local women’s cell for immediate assistance and guidance
• File an FIR for criminal charges and simultaneously approach family court for civil remedies like maintenance and custody
• Apply for protection orders under the Domestic Violence Act to prevent further harassment or intimidation
• Secure your important documents, valuables, and ensure your safety by staying with trusted family or friends

How the Police Behave in Such Cases

Police typically treat matrimonial disputes as sensitive matters requiring careful investigation. They often attempt mediation before registering FIRs, especially in cases involving mutual allegations. Officers conduct thorough interviews with both parties and families, visit the matrimonial home for spot inquiries, and collect statements from neighbors and relatives. Police may recommend counseling or refer cases to Lok Adalat for amicable settlement before proceeding with formal charges.

FAQs People Normally Have

Can I file multiple cases simultaneously? Yes, you can file criminal cases for domestic violence while pursuing civil remedies like divorce and maintenance in family court.

How long does a matrimonial case take? Typically 2-5 years depending on complexity, court workload, and cooperation between parties.

Can the case be settled out of court? Yes, through mediation, Lok Adalat, or mutual consent with proper legal documentation.

What about child custody during proceedings? Court grants interim custody based on child’s best interests, usually with visitation rights for the other parent.

What Evidence Is Required?

• Marriage certificate and wedding photographs proving legal matrimonial relationship
• Medical records and certificates documenting physical or psychological injuries from domestic violence
• Audio/video recordings, WhatsApp messages, emails, and call records showing harassment or threats
• Witness statements from family members, neighbors, or friends who observed incidents
• Financial documents including salary certificates, bank statements, and property papers for maintenance claims
• Police complaints, NCR copies, and any previous legal proceedings between the parties
• Photographs of injuries, damaged property, or living conditions as circumstantial evidence

How Long Will the Investigation Take?

Police investigation in matrimonial cases typically takes 2-3 months for completion. However, complex cases involving multiple allegations, cross-complaints, or inter-state elements may extend to 6-8 months. The investigation includes recording statements, collecting evidence, medical examinations, and spot inquiries. Courts usually monitor progress through regular hearings and can direct police to expedite investigation if required.

Advocate Sudhir Rao, Supreme Court of India