If you are stuck in such a situation, here is what to do.

A woman, Mrs. Sunita, finds herself at a crossroads after nearly two decades of a tumultuous marriage. Married to Mr. Rakesh, a professional in the tech industry, through an online matrimonial service, the initial years were marred by harassment from her in-laws, a pattern that her husband eventually adopted. Over the years, Mr. Rakesh exhibited a pattern of neglect and abandonment. On one occasion, several years back, he expelled Mrs. Sunita and their young daughter from their family home in their hometown. Later, he disappeared for several days without any communication, and upon his return, admitted to being emotionally attached to another woman from his past.

The situation escalated with Mr. Rakesh spending months away from the family home in Vindhyachal, staying in a different city, Nilgiri, without maintaining contact. Even when living under the same roof, he created a separate living arrangement, occupying a different floor of the house and completely ignoring the needs of his wife and daughter. After 19 years of enduring this toxic environment, Mrs. Sunita has decided to seek a divorce.

She is seeking a one-time settlement (alimony) of ₹50 lakhs and coverage for their daughter’s future education expenses. However, Mr. Rakesh is refusing to provide any alimony and is conditioning the divorce on her waiving this right. To exert pressure, he has started making baseless and malicious allegations of infidelity against her. Furthermore, he is not transparent about his financial status. While Mrs. Sunita is aware of a house in his hometown, a commercial shop in the city of Aravalli (both in his name), and a jointly owned house in Vindhyachal, she has no information about his stock market investments, other bank accounts, or hidden assets. This situation has left her and her daughter, who is on the cusp of adulthood, feeling vulnerable and uncertain about their future.

Advice in such cases

When a long-term marriage breaks down amidst such hostility, it is crucial to act strategically and with legal guidance. The emotional toll can be immense, but securing your financial future and protecting your dignity is paramount.

• Document Everything: Start maintaining a detailed record of all incidents of cruelty, neglect, and harassment. Note down dates, times, and specific events. Preserve any digital evidence like emails, text messages, or recordings if legally permissible.
• Gather Financial Information: Try to discreetly collect any financial documents you have access to, such as bank statements, salary slips, property papers, and loan documents. This information will be vital later.
• Secure Your Valuables: Ensure your personal belongings, jewellery (Stridhan), and important documents are in a safe place.
• 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 of 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

Applicable Sections of Law

Such divorce proceedings are primarily governed by personal laws. For Hindus, the Hindu Marriage Act, 1955 (HMA) is central.

• Section 13(1)(ia) of the Hindu Marriage Act, 1955: This section allows for a divorce on the grounds of cruelty. Making false and scandalous allegations of adultery, consistent neglect, and causing mental agony all constitute cruelty.
• Section 24 of the Hindu Marriage Act, 1955: This allows a spouse with insufficient income to claim maintenance from the other spouse for the duration of the court proceedings (maintenance pendente lite).
• Section 25 of the Hindu Marriage Act, 1955: This section deals with permanent alimony and maintenance, which can be awarded as a lump sum or periodic payments at the time of passing the divorce decree.
• Section 26 of the Hindu Marriage Act, 1955: This pertains to the custody, maintenance, and education of minor children. The court can pass orders to ensure the child’s welfare.
• The Protection of Women from Domestic Violence Act, 2005: This act provides a broader definition of domestic violence, including economic abuse (like not providing for the wife and child) and emotional abuse, and offers quicker remedies.

If you are the complainant

If you are the one initiating the divorce, you need to be proactive and methodical.

• 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 of 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
• File a Petition for Divorce: Your lawyer will draft and file a petition for a contested divorce in the appropriate Family Court, citing cruelty as the primary ground. The petition should detail the history of neglect, abandonment, and the false allegations being made.
• File for Interim Maintenance: Simultaneously, file an application under Section 24 of the HMA for maintenance for yourself and your daughter during the pendency of the case. This ensures you have financial support while the case is ongoing.
• Demand Asset Disclosure: The Supreme Court, in the case of Rajnesh v. Neha & Anr., has mandated both parties in matrimonial disputes to file a detailed affidavit of their assets, income, and liabilities. This legal tool can be used to compel your husband to disclose all his hidden assets.
• Seek Injunctions: If you fear that your husband might sell or transfer properties to avoid his maintenance obligations, your lawyer can file an application to restrain him from doing so until the case is decided.

If you are the victim

As the victim of cruelty and false allegations, your focus should be on self-preservation and building a strong legal case.

• Do Not React to Provocation: The false allegations are likely a tactic to pressure you into a settlement on his terms. Do not engage in arguments. Let your lawyer handle the legal response.
• Build a Support System: Lean on trusted friends and family for emotional support. This is a draining process, and you should not go through it alone.
• Counter the Allegations Legally: Your lawyer will strongly deny these allegations in the written response (Written Statement) filed in court. The burden of proof lies on the person making the allegation. The very act of making baseless allegations of infidelity is a strong ground for mental cruelty.
• 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 of 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

How the police behave in such cases

Divorce is a civil matter and is handled by the Family Courts, not the police. The police do not have a role in divorce proceedings, alimony disputes, or property division between spouses. Their involvement is only warranted if a criminal offence is committed. For instance, if there is an act of physical violence, a threat to life, or a dowry-related crime under the Bharatiya Nyaya Sanhita, 2023 (BNS), then you can file a criminal complaint (FIR). However, for the divorce process itself, all proceedings are through the court.

FAQs people normally have

• If the husband refuses a mutual consent divorce, can the wife still file for it?
  Absolutely. If one party does not agree to a mutual divorce, the other party has the full right to file a “contested divorce” petition in the Family Court. The wife can file on grounds of cruelty, citing the long history of neglect, abandonment, and the recent false allegations.
• After 19 years of marriage, what are the wife’s rights to alimony? Is the requested amount reasonable?
  After a long marriage, the wife has a strong right to alimony. The court considers several factors: the husband’s income and assets, the wife’s needs, the standard of living during the marriage, and the duration of the marriage. A demand of ₹50 lakhs as a one-time settlement for a wife who has dedicated 19 years to the marriage, especially when the husband is a well-earning professional, is not unreasonable. The final amount is at the discretion of the court, based on the evidence of the husband’s financial capacity.
• What happens to the jointly owned house during a divorce?
  For a jointly owned property, both parties have an equal share unless proven otherwise. During the divorce, the court can order the property to be sold and the proceeds divided equally, or one party can buy out the other’s share. The wife cannot be forced out of a jointly owned matrimonial home.
• Can the wife legally compel the husband to disclose all his assets?
  Yes. As per the Supreme Court’s guidelines, it is mandatory for both parties to file an Affidavit of Assets and Income. If the husband hides information or provides false details, he can face legal consequences, including contempt of court. The court can also draw an adverse inference against him, assuming his income is higher than what he has declared.
• Can she demand her daughter’s education expenses separately from her own alimony?
  Yes. The husband has a legal and moral obligation to maintain his children. The wife can claim expenses for the daughter’s education and maintenance separately from her own alimony. This responsibility continues until the child is financially independent, even after she turns 18, especially for education.
• How can she defend against false cheating allegations?
  The burden of proof is on the husband to prove his allegations. Mere accusations without any credible evidence are not entertained by the court. In fact, these baseless allegations themselves become a powerful ground for the wife to claim divorce for mental cruelty. She should strongly deny them in her court pleadings.
• How does the daughter’s age (turning 18) affect the case?
  Since the daughter is almost an adult, the issue of child custody is not a major factor. However, the father’s financial responsibility for her maintenance and education does not end when she turns 18. The court can order him to pay for her graduate education and other reasonable expenses until she becomes self-sufficient.

What evidence is required?

• Proof of Cruelty: Witness testimonies (if any), text messages, emails, or any other correspondence that shows neglect, verbal abuse, or false allegations. A detailed affidavit by the wife is a key piece of evidence.
• Proof of Husband’s Income and Assets: His salary slips, income tax returns, bank account statements, property documents, and details of investments. If he doesn’t provide them, the court can be requested to order him or his employer/banks to produce these documents.
• Proof of Standard of Living: Documents like credit card statements, children’s school fee receipts, and photographs of family vacations can help establish the standard of living the family was accustomed to, which is relevant for calculating maintenance.
• Proof of Wife’s Needs: An itemized list of monthly expenses for herself and her daughter, including rent, utilities, groceries, medical bills, and education fees.

How long will the investigation take?

In civil cases like divorce, there is no “investigation” in the way police conduct one. The process is a judicial proceeding where both parties present their case and evidence before a judge. A contested divorce in India is a lengthy process. It can take anywhere from two to five years, or sometimes longer, depending on the complexity of the case, the number of witnesses, and the workload of the court. However, the court can grant interim maintenance within a few months of filing the case to provide immediate financial relief to the wife and child.

Advocate Sudhir Rao, Supreme Court of India