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 married Ms.Y in City A few days ago. Immediately after the marriage ceremony, Ms.Y began refusing to communicate with Mr.X and declared she was not comfortable living with him. During the marriage ceremony, she had appeared agreeable, but afterward made it clear she did not want this marriage to continue. Ms.Y’s family approached Mr.X’s family seeking a compromise discussion. The situation became tense as both families were confused about how to proceed. Mr.X was devastated as he had entered the marriage with genuine intentions, while Ms.Y’s sudden change of behavior left everyone puzzled. The families were scheduled to meet for discussions, but the outcome remained uncertain given Ms.Y’s firm stance against cohabitation.

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 communications and interactions with the spouse and their family
• Avoid any coercive behavior or pressure tactics that could be misconstrued legally
• Consider mediation through family counselors before taking legal action

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections may apply including Section 85 (dowry harassment), Section 74 (assault), and Section 351 (criminal intimidation) if any such acts occur. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), provisions for complaint filing and investigation procedures are outlined in Sections 173-180. The Hindu Marriage Act also governs matrimonial disputes, providing grounds for restitution of conjugal rights under Section 9 and judicial separation under Section 10. These laws protect both spouses while ensuring fair resolution of marital conflicts.

If You Are the Complainant

• File a petition for restitution of conjugal rights under Hindu Marriage Act Section 9
• Gather evidence of the valid marriage ceremony with witnesses and documentation
• Document any dowry demands or harassment from either side
• Maintain records of all family meetings and compromise attempts
• Avoid any behavior that could be construed as harassment or coercion

If You Are the Victim

• Document any pressure, harassment, or threats from spouse or their family
• Report to women’s helpline or local police if facing domestic violence
• Seek legal counsel to understand your rights under domestic violence laws
• Contact family counseling services for mediation if willing to reconcile
• File complaint under BNS Section 85 if dowry harassment is involved

How the Police Behave in Such Cases

Police typically treat matrimonial disputes as civil matters initially and encourage family resolution. They may register complaints under domestic violence or dowry harassment sections if specific allegations are made. Officers often suggest mediation through family courts before criminal proceedings. However, if there are threats, violence, or dowry demands, police are obligated to investigate under relevant BNS sections and may arrest accused parties based on evidence.

FAQs People Normally Have

• Can spouse be forced to live together? No, but restitution of conjugal rights can be sought through family court
• Is refusal to cohabitate grounds for divorce? Yes, it can be considered desertion after reasonable time period
• What if families want compromise? Mediation is preferable, but legal rights remain intact for both parties
• Can dowry harassment be filed? Yes, if there’s evidence of demands or pressure related to dowry

What Evidence Is Required?

• Marriage certificate and wedding photographs
• Audio or video recordings of conversations with spouse/family
• WhatsApp messages or text communications
• Witness statements from relatives who attended marriage
• Medical reports if any physical harm occurred
• Financial records showing dowry transactions if applicable
• Written statements or letters from either party

How Long Will the Investigation Take?

Matrimonial dispute investigations typically take 2-6 months depending on complexity and cooperation of parties. Family court proceedings for restitution of conjugal rights may take 6-12 months. If criminal charges are filed under BNS sections, police investigation usually completes within 60-90 days as per BNSS timelines, followed by court proceedings which can extend for 1-2 years.

Advocate Sudhir Rao, Supreme Court of India