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

Mr. Alok, a 34-year-old professional from Jaipur, found himself in a deeply distressing marital situation. After being married for nearly two years to Mrs. Priya, the relationship had devolved into a constant cycle of emotional turmoil. Alok faced repeated baseless accusations of infidelity, frequent and unpredictable mood swings, and dramatic emotional outbursts from Priya over trivial matters. Despite his best efforts to be patient and supportive, the pattern persisted, taking a severe toll on his mental well-being.

The situation recently reached a breaking point. Priya threatened to file a false complaint at the local All Women’s Police Station to intimidate him. She would frequently create dramatic scenes, involving Alok’s family in an attempt to guilt-trip him and prevent him from leaving the marriage. Exhausted and unable to function under the constant stress, Alok made the difficult decision to take Priya to her parents’ home to create some space and regain his mental peace.

He has since clearly communicated his desire for a divorce by mutual consent. However, Priya alternates between pleading for another chance with promises of change and reverting to her previous accusatory behavior. Feeling that he has exhausted all options and needs to prioritize his own well-being, Alok is now determined to proceed with the divorce, not out of anger, but out of a fundamental need for peace.

Advice in such cases

Navigating such a sensitive situation requires a careful and strategic approach. The primary goal is to achieve a peaceful separation while protecting yourself from potential legal harassment.

• Maintain Composure and Document Everything: Keep a calm demeanor. Avoid getting into heated arguments. Document every significant incident, including dates, times, and a brief description of what happened. Preserve digital communications like text messages, emails, or call logs that can serve as evidence of the threats or emotional distress caused.
• Communicate Through a Neutral Medium: If direct communication leads to conflict, consider communicating through a lawyer or a trusted neutral family elder. This minimizes emotional escalation and ensures that all communication is clear and purposeful.
• Secure Your Finances and Documents: Ensure your important personal and financial documents are in a safe place. It is also wise to have a clear picture of your financial assets and liabilities, both individual and joint.
• Do Not Vacate the Matrimonial Home Impulsively: Leaving the shared household can sometimes be disadvantageous in matrimonial disputes. It is better to seek legal counsel before making such a move.
• 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

In cases like this, several laws come into play. It’s crucial to be aware of them, both for seeking relief and for defending against potential misuse.

• The Hindu Marriage Act, 1955: This Act governs divorce proceedings for Hindus. Section 13(1)(i-a) allows for divorce on the grounds of cruelty, which includes mental cruelty. Section 13B provides for divorce by mutual consent.
• The Protection of Women from Domestic Violence Act, 2005 (DV Act): While designed to protect women, its provisions can sometimes be misused. It covers physical, emotional, verbal, and economic abuse. It’s important to understand what constitutes domestic violence to defend against false allegations.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 85 and Section 86 of the BNS, which replace the old Section 498A of the IPC, deal with cruelty inflicted by a husband or his relatives. False threats often revolve around this section.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedures for criminal law, including how police complaints are filed, investigations are conducted, and trials proceed.

If you are the complainant

If you are in a position similar to Alok’s and wish to initiate legal proceedings for divorce, here are the steps to consider:

• Gather and Organize Evidence: Collect all proof of mental cruelty. This can include messages showing baseless accusations, recordings of threats (check the legality of recording in your context), or testimony from family or friends who have witnessed the behavior.
• Send a Legal Notice: Your lawyer can draft and send a formal legal notice to your spouse, clearly stating your grievances and your intention to seek a divorce. This notice often opens the door for negotiation for a mutual consent divorce.
• File for Divorce: If mutual consent is not possible, you can file a contested divorce petition on the grounds of cruelty. Your petition must clearly outline the instances of cruelty that have made it impossible to continue the marriage.
• Anticipatory Bail: If you have a genuine apprehension that your spouse might file a false criminal complaint under Section 85/86 BNS, you can file for anticipatory bail under Section 482 of the BNSS as a precautionary measure.
• 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.

If you are the victim

If you are the spouse being accused of causing emotional distress and are facing the prospect of a divorce, it is equally important to know your rights and options.

• Seek Counseling or Mediation: If you believe the marriage can be saved, suggest professional marriage counseling. A neutral third party can help improve communication and resolve underlying issues.
• Understand Your Rights: You have a right to maintenance and a share in the matrimonial property under Indian law. Understand these rights before agreeing to any settlement.
• Do Not Act on Impulse: Threats of filing police complaints or engaging in dramatic behavior often worsen the situation. It is better to seek a calm resolution.
• Document Your Side of the Story: If you feel you are being wrongly accused, keep your own records of events. This will be crucial if the matter proceeds to court.
• 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

When matrimonial disputes reach the police, especially an All Women’s Police Station, their first step is usually not to register an FIR immediately. They are trained to handle such matters with sensitivity. Typically, they will summon both parties and attempt counseling or mediation to resolve the issue amicably. They encourage reconciliation, especially in the early years of a marriage. However, if the complaint discloses a cognizable offense and the complainant insists, the police are bound to register an FIR and investigate. In cases of threats, having prior communication with the police through a formal intimation letter from your lawyer can sometimes provide context if a false complaint is later filed.

FAQs people normally have

Can my spouse stop me from getting a divorce?
Your spouse cannot stop you from filing for divorce. However, if they do not agree to a mutual consent divorce, you will have to file a contested divorce petition. In a contested divorce, you must prove the grounds (like cruelty) you have alleged, and the court will decide the matter based on evidence.

What should I do if a false case under the DV Act or BNS is filed against me?
Do not panic. Engage a competent criminal lawyer immediately. You will need to seek bail (anticipatory or regular). You can also file a petition in the High Court for quashing the false FIR, provided you have strong evidence to prove that the case is malicious and filed with ulterior motives.

How is alimony or maintenance decided?
Alimony (lump sum payment) or maintenance (monthly payment) is decided by the court based on various factors, including the income and financial status of both spouses, their standard of living, the duration of the marriage, and their respective needs. In a mutual consent divorce, the parties can agree on a mutually acceptable amount.

What evidence is required?

In cases of mental cruelty, evidence is key. Solid evidence can significantly strengthen your case, whether you are seeking a divorce or defending against false allegations.

• Digital Communication: Text messages, emails, social media chats, and call recordings that contain threats, abuses, or false accusations.
• Witness Testimony: Statements from family members, friends, or neighbors who have witnessed the abusive behavior or its impact on you.
• Medical Records: If the mental stress has led to health issues like anxiety, depression, or hypertension, medical prescriptions and a doctor’s testimony can serve as strong evidence.
• Police Complaints: Any prior police complaints or intimations filed regarding the threats can be used to show a pattern of behavior.

How long will the investigation take?

The timeline for legal proceedings can vary greatly.

• Mutual Consent Divorce: This is the fastest route. After filing the first motion, there is a mandatory six-month “cooling-off” period. The final decree can be obtained after this period, so the entire process takes about 7-8 months.
• Contested Divorce: These cases are lengthy and can take anywhere from two to several years to be finalized, depending on the complexity of the case and the court’s caseload.
• Criminal Cases (BNS/DV Act): Investigations and trials for these cases can also be protracted, often running parallel to the divorce proceedings and taking several years to conclude.

Advocate Sudhir Rao, Supreme Court of India