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

Mrs. Anjali Verma, a resident of Gulmohar City, has been in a relationship with Mr. Rohan Mehra for over three years. They decided to get married, and their marriage is just about eight months old. The initial phase of their marriage was smooth, but recently, Rohan’s behaviour changed drastically. He has become emotionally distant and verbally aggressive. Out of the blue, Rohan has sent a legal notice to Anjali, declaring his intention to file for divorce. He has made baseless allegations that Anjali is mentally unstable and has treated him with cruelty.

Anjali is devastated as she wants to save her marriage. She knows that it is Rohan who has been struggling with diagnosed anxiety and anger management issues, for which he had briefly sought therapy before their marriage. He is now attempting to use fabricated claims to create grounds for a divorce she does not want. Anjali is now in a difficult position, facing the prospect of a contested legal battle while still hoping for reconciliation.

Advice in such cases

Facing a sudden demand for divorce can be overwhelming. It is a time of immense emotional distress, but it is crucial to handle the situation with clarity and foresight.

• Stay Calm: Avoid impulsive reactions or emotional outbursts. Your composure is your strength.
• Secure Communication: Be cautious about what you communicate via text or email, as it can be used as evidence.
• Gather Documents: Collect all important documents like your marriage certificate, photographs, financial statements, and any evidence related to the marriage or the conflict.
• Do Not Sign Anything: Do not sign any papers or agreements without your lawyer’s review. Your husband might pressure you into signing a mutual consent divorce petition or a settlement.
• 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

Matrimonial disputes in India are governed by personal laws and other secular statutes. For Hindus, the primary law is the Hindu Marriage Act, 1955.

• Section 9 of the Hindu Marriage Act, 1955 (Restitution of Conjugal Rights): If one spouse withdraws from the society of the other without a reasonable excuse, the aggrieved party can file a petition for the restitution of conjugal rights. This is a legal way to show the court that you want to save the marriage.
• Section 13 of the Hindu Marriage Act, 1955 (Divorce): This section lists the grounds for divorce, such as cruelty, desertion, and adultery. Your husband will have to prove one of these grounds to get a contested divorce.
• Section 24 of the Hindu Marriage Act, 1955 (Maintenance pendente lite): This allows a spouse with insufficient income to claim maintenance from the other spouse for court expenses and personal support during the case.
• Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section, which replaces the old Section 498A of the IPC, deals with cruelty by a husband or his relatives. It is a criminal provision.
• The Protection of Women from Domestic Violence Act, 2005: This is a civil law that provides a broader definition of domestic violence, including emotional, verbal, and economic abuse. It offers quicker remedies like protection orders and maintenance.

If you are the complainant

If you are in the husband’s position and wish to seek a divorce on the grounds of cruelty, you must be prepared to substantiate your claims legally.

• Build a Strong Case: Vague allegations will not stand in court. You need to provide specific instances of alleged cruelty with dates and details.
• Gather Evidence: Collect any evidence that supports your claims, such as text messages, emails, or witness testimony. Proving mental cruelty requires a high standard of proof.
• File a Petition: Your lawyer will file a divorce petition under Section 13 of the Hindu Marriage Act, 1955, clearly stating the grounds.
• 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 in the wife’s position and your husband is seeking a divorce that you do not want, you have several legal remedies available.

• 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.
• Contest the Divorce: You must file a written statement (reply) to the divorce petition, denying the false allegations and stating your side of the story.
• File for Restitution of Conjugal Rights: By filing a petition under Section 9 of the HMA, you demonstrate your willingness to continue the marital relationship. This can be a strategic counter to his divorce petition.
• Claim Maintenance: You can file an application for interim maintenance under Section 24 of the HMA or under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to secure your financial stability during the litigation.
• Use Counter-Evidence: If your husband has made false allegations of mental instability, you can present evidence to the contrary, such as his own medical records or witness testimony from friends and family who know the truth.
• Consider DV Act or Section 85 BNS: If you have been subjected to emotional, verbal, or any other form of abuse, you can initiate proceedings under the Protection of Women from Domestic Violence Act, 2005, or file a criminal complaint under Section 85 of the BNS.

How the police behave in such cases

In matrimonial disputes, the police often act with caution. Their first step is usually not to register an FIR immediately, especially if the complaint is about emotional or verbal abuse. They may refer the couple to the Crime Against Women (CAW) Cell or a mediation centre for counselling and reconciliation attempts. However, if the complaint involves clear evidence of physical violence or a serious offence under Section 85 of the BNS, they are obligated to register an FIR and investigate the matter. The police’s role is primarily for criminal aspects, while civil remedies are pursued through the Family Courts.

FAQs people normally have

Can my husband divorce me without my consent?

Yes, he can file for a contested divorce. However, he cannot get a divorce just because he wants one. He must prove specific legal grounds, like cruelty or desertion, to the satisfaction of the court. It is not an automatic process.

Can I stop him from divorcing me?

You cannot force him to stay married against his will indefinitely, but you can contest his divorce petition. If he fails to prove the grounds for divorce, the court will dismiss his petition. Filing for Restitution of Conjugal Rights can also strengthen your position.

Am I entitled to maintenance even if I don’t want a divorce?

Yes. You are entitled to claim interim maintenance for your support and legal expenses from the day the divorce petition is filed until the case is finally decided. This is independent of whether you agree to the divorce or not.

What evidence is required?

Evidence is key in any contested matrimonial case. To counter allegations of cruelty and prove your husband’s abusive behaviour, you can use:

• Digital communication like text messages, emails, or call recordings.
• Medical records, especially any that document his own mental health issues or your distress caused by his behaviour.
• Witness testimony from family, friends, or neighbours who have observed his conduct.
• Photographs or videos.
• Any documents that show financial control or economic abuse.

How long will the investigation take?

Contested divorce cases in India can be lengthy. There is no fixed timeline, and the duration depends on the complexity of the case, the amount of evidence, and the caseload of the specific court. It can take anywhere from three to seven years, and sometimes longer, for a final decision. The process involves multiple stages: filing the petition, reply, evidence, cross-examination, and final arguments. Mediation is often encouraged by courts to expedite a resolution, but it requires the consent of both parties.

Advocate Sudhir Rao, Supreme Court of India