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, a 33-year-old man from City A, got married to Ms. Y in June DD/MM/YYYY. Within months of marriage, Ms. Y completely changed her behavior and lifestyle contrary to what she had represented before marriage. She began excessive drinking and smoking, which she had denied doing earlier. Additionally, she started pressuring Mr. X to have children immediately, despite their pre-marital agreement to wait several years. When Mr. X tried to discuss these issues and the broken promises, Ms. Y became hostile and uncooperative. The situation deteriorated to the point where Mr. X felt deceived about the fundamental aspects of their relationship and began considering legal remedies including divorce proceedings to address the matrimonial dispute.

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 behavioral changes and broken promises made during courtship. Gather evidence of substance abuse if applicable. Attempt mediation through family elders or counselors before pursuing legal action. Consider the financial implications of divorce proceedings and plan accordingly.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), matrimonial disputes involving fraud or misrepresentation may attract provisions related to cheating. The Hindu Marriage Act governs divorce proceedings for Hindu marriages. Section 13 provides grounds for divorce including cruelty and change of behavior. The Bharatiya Nagarik Suraksha Sanhita (BNSS) governs procedural aspects of criminal complaints if domestic violence is involved. Additionally, the Protection of Women from Domestic Violence Act may be applicable if harassment occurs from either party.

If You Are the Complainant

• File a petition under appropriate grounds like mental cruelty or fraud in marriage
• Collect documentary evidence of pre-marital promises and post-marital behavioral changes
• Maintain detailed records of all incidents with dates and witnesses
• Consider mutual consent divorce if both parties agree to separate amicably
• Prepare for lengthy legal proceedings and associated costs

If You Are the Victim

• Document any instances of mental harassment or pressure regarding life decisions
• Seek support from family members and trusted friends during this difficult period
• Consider professional counseling to deal with emotional stress and trauma
• Preserve all communication records including messages, emails, and call logs
• Explore reconciliation options through mediation before pursuing divorce

How the Police Behave in Such Cases

Police typically treat matrimonial disputes as civil matters unless domestic violence is reported. They may suggest mediation or counseling initially. If criminal complaints are filed, they conduct preliminary inquiry. Police often encourage parties to resolve disputes amicably through family intervention. However, in cases involving domestic violence or dowry harassment, they are required to register FIR and investigate thoroughly under mandatory provisions.

FAQs People Normally Have

Can I get divorce based on spouse’s changed behavior? Yes, mental cruelty and fundamental changes in behavior can be grounds for divorce under Hindu Marriage Act.

How long does divorce proceedings take? Contested divorce may take 2-5 years, while mutual consent divorce can be completed in 6-18 months.

What about alimony and maintenance? Court determines based on income, lifestyle, and circumstances of both parties.

Can I claim compensation for fraud in marriage? Yes, if misrepresentation about fundamental aspects can be proven with evidence.

What Evidence Is Required?

• Marriage certificate and wedding photographs
• WhatsApp messages and email communications showing behavioral changes
• Witness statements from family members and friends
• Medical records if substance abuse is involved
• Audio/video recordings of arguments or admissions
• Bank statements showing financial irregularities
• Social media posts contradicting pre-marital promises

How Long Will the Investigation Take?

Matrimonial dispute investigations vary based on complexity. Initial court proceedings begin within 2-3 months of filing petition. Evidence collection and cross-examination may take 6-12 months. If mutual consent is reached, proceedings can conclude in 6-18 months. Contested cases typically require 2-5 years for final judgment depending on court schedules and appeals.

Advocate Sudhir Rao, Supreme Court of India