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

Mr. Alok, a public servant in the city of Ratanpur, entered into a marriage a year ago with Ms. Priya, believing it was a union based on love. However, the marriage quickly deteriorated. Mr. Alok found Ms. Priya’s behaviour to be extremely toxic and rude, to the point where she would threaten him with physical violence. Wanting to end the marriage for his own mental peace, he expressed his desire for a divorce. Ms. Priya has refused to leave and is adamant about forcing him to stay in the marriage. The situation escalated when the local police became involved. Fearing the misuse of laws intended to protect women, Mr. Alok found himself being harassed by the police, who threatened to file false cases against him. Recently, he was arbitrarily picked up by police officers from his workplace in the afternoon and was wrongfully detained and harassed until late into the night, causing him immense distress and fear for his career and reputation.

Advice in such cases

Navigating such a volatile situation requires a calm and strategic approach. The combination of a difficult marital relationship and police harassment can be overwhelming. Here are some crucial steps to consider:

• Stay Calm and Avoid Provocation: Do not engage in heated arguments or any form of physical altercation with your spouse. Her behaviour might be intended to provoke a reaction that she can later use against you. Maintain your composure at all times.
• Document Everything: Keep a detailed record of every incident of toxic behaviour, threats, or abuse. Note down the date, time, what happened, and who was present. This log can serve as crucial evidence later.
• Gather Evidence Discreetly: Collect any evidence of her abusive nature, such as text messages, emails, or audio/video recordings (ensure you are aware of the legality of recording conversations in your context). Testimony from friends, family, or neighbours who have witnessed her behaviour can also be valuable.
• Secure Your Finances and Documents: Ensure your important personal and financial documents are in a safe place. It is wise to have a clear picture of your financial situation, including bank accounts and assets.
• Prioritize Your Safety: If you feel physically threatened, do not hesitate to remove yourself from the situation. Your well-being is paramount.
• 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

Understanding the legal framework is essential. The key statutes in this scenario are:

• The Hindu Marriage Act, 1955: This Act governs divorce proceedings. Section 13(1)(ia) allows for divorce on the grounds of ‘cruelty’. Cruelty is not just physical but also includes mental and emotional torment, which seems applicable in this case.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): This new penal code has provisions that could be relevant. While women’s protection laws are vital, they are sometimes misused. For instance, provisions related to cruelty by a husband or his relatives (Sections 85 and 86 of BNS) are what men often fear will be used to file false cases.
• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedure for criminal investigation and trials. It contains provisions to protect individuals from arbitrary arrest and illegal detention. Your rights against police harassment are enshrined within this law, building upon constitutional protections.
• The Constitution of India: Article 21 (Right to Life and Personal Liberty) and Article 22 (Protection Against Arrest and Detention in Certain Cases) are your fundamental rights that protect you from illegal police action.

If you are the complainant

If you are in Mr. Alok’s position and wish to initiate the legal process, you are the complainant (or petitioner) in the divorce case. Here’s what you should do:

• File for Divorce: Your lawyer will help you file a petition for divorce in the appropriate Family Court, citing ‘cruelty’ as the primary ground. The petition should detail the specific instances of toxic, rude, and abusive behaviour.
• Anticipatory Bail: Given the threats of false cases and police harassment, your lawyer may advise you to file for anticipatory bail under Section 482 of the BNSS. This is a protective measure to prevent your arrest based on a potential false FIR.
• Complaint Against Police Harassment: The illegal detention is a serious violation of your rights. You can file a formal complaint with senior police officials (like the Superintendent of Police or Commissioner) and also approach the Magistrate’s court with a complaint against the involved police officers.
• 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

In this context, you are a victim of both domestic abuse (mental and emotional) and police harassment. Your actions should focus on immediate protection and redressal.

• Document Injuries and Threats: If any physical violence occurs, get a medical examination done immediately. Keep all threat messages and record details of every verbal threat.
• Inform Higher Authorities: Write a detailed representation about your situation and the threats of false implication to senior police officers and your department (if you are a government employee). This creates a prior record of your version of events.
• Seek Legal Protection: Besides divorce, you can explore options for restraining orders to prevent your wife from contacting or harassing you, depending on the severity of the situation.
• Challenge Police Action: The act of taking you from your workplace and detaining you without due process is illegal. A writ petition can be filed in the High Court for the protection of your fundamental rights.
• 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

In matrimonial disputes, police are often the first point of contact. Unfortunately, their approach can vary. Often, upon receiving a complaint from a woman alleging harassment or cruelty, the police may act swiftly against the husband, sometimes without a preliminary inquiry. This is partly due to the social and legal pressure to act decisively on crimes against women. However, the Supreme Court has laid down strict guidelines (in cases like Arnesh Kumar vs. State of Bihar, which are now part of the BNSS) to prevent automatic arrests in cases where the punishment is less than seven years, which includes cases of matrimonial cruelty. Police are mandated to conduct a preliminary inquiry and be satisfied that an arrest is necessary. Harassment, illegal detention, and threats to file false cases are abuses of power and are not legally sanctioned behaviour.

FAQs people normally have

Here are some frequently asked questions in such situations:

• Can my wife file a false dowry or cruelty case against me? Yes, unfortunately, this is a possibility. However, a case built on false allegations can be fought and defeated in court with strong evidence and proper legal representation.
• What legally constitutes ‘cruelty’ for getting a divorce? Cruelty is a broad term. It includes not just physical violence but also constant nagging, verbal abuse, character assassination, refusal to cohabit, and any behaviour that causes grave mental suffering, making it impossible to live together.
• Can the police arrest me immediately based on my wife’s complaint? As per the law (BNSS) and Supreme Court directives, for offences punishable with less than seven years of imprisonment, the police cannot arrest automatically. They must issue a notice of appearance and can only arrest if specific conditions are met (e.g., to prevent further offence, for proper investigation, etc.).
• How can I protect my job and reputation? Proactively informing your employer’s HR department about a potential matrimonial dispute (without going into excessive detail) can sometimes be helpful. Taking swift legal action like filing for anticipatory bail and challenging police harassment shows that you are fighting the allegations, not hiding.

What evidence is required?

Evidence is the backbone of any legal case. To prove cruelty and defend against false allegations, you should gather:

• Digital Communication: Text messages, WhatsApp chats, emails, and social media posts that reveal the toxic nature, threats, or abuse.
• Audio/Video Recordings: Recordings of abusive conversations or threats can be powerful evidence.
• Witnesses: Testimony from family members, friends, colleagues, or neighbours who have witnessed the abusive behaviour or your distress.
• Police Complaints: A copy of any complaint you file against police harassment or any prior complaint you made about your wife’s behaviour.
• A Detailed Diary: A chronological log of incidents of cruelty and harassment.

How long will the investigation take?

The timeline for legal proceedings in India can be lengthy and unpredictable.

• Police Investigation: If an FIR is filed, the police investigation can take anywhere from a few weeks to several months before they file a final report (chargesheet) in court.
• Divorce Case: A contested divorce (where one party opposes it) can be a long-drawn-out process, often taking several years to conclude in the Family Court. A divorce by mutual consent is much faster and can be finalized in about six to eighteen months.
• Other Proceedings: Cases related to police harassment or bail applications are generally handled more expeditiously by the courts.

Advocate Sudhir Rao, Supreme Court of India