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

This case involves Ms. Priya Sharma, a 19-year-old woman from the city of Suryanagar, who is seeking legal guidance regarding the distressing actions of her father, Mr. Ramesh Sharma. The situation encompasses adultery, mental abuse, alleged attempts to cause harm, and the suspicious death of their family pet.

Mr. Sharma has been involved in an extramarital affair since 2020 with a woman, Ms. Divya Singh, who is herself married. This affair resulted in the birth of a child in 2023. Mr. Sharma, while refusing to divorce his wife, Mrs. Anjali Sharma, has been subjecting both his wife and daughter to severe mental and emotional cruelty, pressuring them to accept his second family. He publicly represents Ms. Singh as his wife.

Several alarming incidents have occurred. In 2022, Mr. Sharma took his wife and daughter to a secluded tourist spot with what Priya believes was the intention to harm them. He has also subjected Priya to verbal abuse, calling her derogatory names. In 2024, after being transferred to the city of Akashpur, he purchased a high-value apartment where he now lives with Ms. Singh and their child, leaving his legitimate family in a poorly maintained home.

Most recently, in 2025, during a visit home, Priya’s family dog, Max, fell violently ill with symptoms consistent with poisoning and passed away shortly after Mr. Sharma left the premises. Priya strongly suspects her father was responsible. This series of events has left Priya and her mother in constant fear for their safety and well-being, prompting them to explore their legal options.

Advice in such cases

Facing such a multi-faceted and emotionally draining situation requires a calm and strategic approach. Here are the initial steps to consider:

• Prioritize Safety: If you feel you are in immediate danger, consider moving to a safer location, such as a relative’s house. Your physical and mental well-being is the top priority.
• Document Everything: Keep a detailed diary of all incidents of abuse, threats, and suspicious activities. Note down dates, times, locations, what was said or done, and who was present. Preserve any text messages, emails, call recordings, or social media posts that can serve as evidence.
• Gather Financial Information: Collect copies of all financial documents you can access, including bank statements, property papers, salary slips, and investment details. This is crucial for securing maintenance and your share in the property.
• Avoid Confrontation: Do not engage in arguments with the abuser, as it may escalate the situation. Communicate only when necessary and try to have a witness present or record the conversation if legally permissible in your state.
• 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

The Indian legal system offers several remedies under various statutes, particularly with the introduction of new criminal laws.

• The Hindu Marriage Act, 1955: This act allows for divorce on the grounds of both adultery and cruelty. Mr. Sharma living with another woman and having a child with her is a clear ground for adultery. The constant mental harassment, verbal abuse, and pressure constitute mental cruelty.
• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a civil law that provides comprehensive protection. Domestic violence under this act includes physical, verbal, emotional, and economic abuse. Mrs. Sharma and Priya can seek protection orders, residence orders, and monetary relief under this act.
• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 86: This section deals with cruelty by a husband or his relatives. The mental torture inflicted upon Mrs. Sharma falls squarely under this provision.
  • Section 109: This deals with the attempt to commit murder. Proving the incidents at the tourist spot and wildlife sanctuary as attempts on life would require substantial evidence of intent, which can be challenging but not impossible to build circumstantially.
  • Section 325: This section pertains to mischief by killing or maiming an animal. If it can be proven that Mr. Sharma poisoned the dog, a criminal case can be filed under this section.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):
  • Section 144: This section provides for the maintenance of wives, children, and parents. Mrs. Sharma can file a petition to claim regular financial support from her husband, irrespective of the divorce proceedings.

If you are the complainant

As the daughter in this scenario, you have an important role and can take specific legal actions:

• File a Complaint: You can be the complainant or a key witness in a police complaint (FIR) against your father for cruelty, criminal intimidation, and other offenses.
• Support Your Mother: Your testimony is vital in the domestic violence case and the divorce proceedings. You are a direct witness to the abuse she has endured.
• Seek Protection: If you fear for your own safety, you can also be included as an aggrieved person in the petition filed under the Domestic Violence Act to get a protection order.
• 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

For the wife, who is the primary victim of matrimonial offenses, the following steps are advisable:

• File for Divorce: A petition for divorce can be filed on the grounds of adultery and mental cruelty. The fact that her husband is living with another woman and has a child with her is strong evidence.
• File a Domestic Violence Case: A case under the PWDVA can be filed to seek immediate relief, such as a protection order to prevent the husband from contacting or harming her, a residence order to secure her right to live in the matrimonial home, and monetary relief for expenses.
• Claim Maintenance: A separate application under Section 144 of the BNSS can be filed to claim monthly maintenance for herself and her daughter. This can also be claimed as part of the divorce proceedings.
• Secure Property Rights: An injunction can be sought from the court to prevent the husband from selling or transferring any matrimonial assets or the new property he has purchased, to protect her financial interests.
• 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

It is important to have realistic expectations when approaching the police. In matters perceived as “family disputes,” there can sometimes be an initial reluctance to file an FIR for serious offenses. They might suggest counseling or mediation first. However, for clear offenses like cruelty under Section 86 BNS, they are obligated to register a case. For allegations like attempt to murder, they will require strong preliminary evidence before proceeding. The investigation into the dog’s poisoning would necessitate a formal complaint, a veterinary post-mortem report, and forensic analysis to establish the cause of death and link it to the accused.

FAQs people normally have

Can my mother get a divorce even if the other woman is still married?
Yes. The legal status of the other woman’s marriage is irrelevant. The ground for divorce is your father’s act of voluntarily engaging in sexual intercourse with a person other than his spouse. His living with her and having a child is conclusive proof of adultery.

Can we get a restraining order against him?
Yes. A protection order under the Domestic Violence Act, 2005, serves as a restraining order. The court can prohibit him from committing any act of domestic violence, communicating with you, and even from entering your place of residence or work.

What about our rights to his property?
Your mother has a right to a share in the matrimonial property and can claim maintenance. As a daughter, you have a right in his ancestral property. For self-acquired property, like the new flat, your mother can claim her share by proving it was bought from joint funds or that she contributed to it. An experienced lawyer can help secure these rights by seeking an injunction from the court.

What evidence is required?

Evidence is the cornerstone of any legal case. You should focus on collecting:

• For Adultery & Bigamy: Photographs or videos of your father with the other woman, public acknowledgments (like social media posts), the birth certificate of the child naming him as the father, and testimonies from people who have witnessed them living as a couple.
• For Mental Cruelty: Your and your mother’s detailed testimonies, testimonies of relatives or friends who have witnessed the abuse, and any digital evidence like call recordings or messages.
• For Criminal Acts: For the alleged attempts to harm, any circumstantial evidence like travel tickets, witness statements, or digital communication about these trips would be crucial, although this is very difficult to prove. For the dog’s poisoning, a veterinary report and a post-mortem confirming poison are essential.
• For Financial Claims: Copies of property deeds, bank account statements, and any proof of your father’s income and assets.

How long will the investigation take?

The legal process in India can be lengthy. A police investigation may take several months. Court cases, especially contested divorce and criminal cases, can take several years to reach a final verdict. However, the law provides for interim relief. Under the Domestic Violence Act and in maintenance petitions, the court can grant interim protection and financial support within a few months of filing the case, providing immediate assistance while the main case proceeds.

Advocate Sudhir Rao, Supreme Court of India