One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, aged 19, was married to Ms.Y, aged 21, in an arranged marriage when he was 18 years old. Following incidents of alleged infidelity and domestic violence by Ms.Y, Mr.X decided he could no longer continue the marriage. He planned to file a petition under Section 5 of the Hindu Marriage Act for declaring the marriage null and void. However, Ms.Y and her family began threatening Mr.X with false criminal cases including dowry harassment, domestic violence, and other serious allegations. Mr.X became concerned about potential legal consequences and sought legal guidance to protect himself while pursuing the nullity petition. The case involved complex issues of minor marriage, domestic violence, and anticipatory protection from false allegations.

Advice in Such Cases

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 to 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.

Document all incidents of violence and threats immediately with photographs, medical records, and witness statements. File an anticipatory bail application before proceeding with nullity petition to protect against false cases. Gather evidence supporting your claims including communication records, financial documents, and character witnesses who can testify about the situation.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 85 deals with domestic violence, while Section 351 covers criminal intimidation through threats. Section 356 addresses defamation through false allegations. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 438 provides for anticipatory bail in cases of apprehension of arrest. The Hindu Marriage Act Section 5 allows for nullity petitions in cases of invalid marriages, while the Protection of Women from Domestic Violence Act provides remedies for victims of domestic violence regardless of gender in specific circumstances.

If You Are the Complainant

• File a detailed complaint with local police station documenting all incidents of violence and threats with supporting evidence
• Apply for anticipatory bail immediately before filing nullity petition to prevent arrest on false charges
• Collect medical evidence if physical violence occurred, including hospital records and doctor’s certificates
• Gather witness statements from neighbors, relatives, or friends who witnessed the incidents
• File nullity petition under HMA Section 5 simultaneously with criminal complaint to establish legal grounds

If You Are the Victim

• Immediately approach the nearest police station and file an FIR detailing all incidents of domestic violence and criminal intimidation
• Seek medical attention for any injuries and preserve all medical records as crucial evidence
• Contact local women’s helplines or men’s rights organizations for emotional support and legal guidance
• Apply for protection orders under domestic violence laws to prevent further harassment
• Document all threatening communications through screenshots, audio recordings, and written threats

How the Police Behave in Such Cases

Police typically treat marriage-related disputes with caution, often suggesting compromise initially. They may be reluctant to register FIRs immediately, preferring mediation. However, with proper evidence and legal pressure, they are bound to investigate. In cases involving threats of false allegations, police may advise both parties to approach family court first. They often conduct preliminary inquiries to determine the genuineness of complaints before proceeding with formal investigations.

FAQs People Normally Have

Can I file nullity petition if threatened with false cases? Yes, threats cannot prevent you from exercising legal rights, but seek anticipatory bail protection first.

What if spouse files counter-cases? Counter-cases are common; having strong evidence and legal representation helps defend against false allegations effectively.

Is minor marriage automatically void? Not automatically; you must file a petition under HMA Section 5 within specific time limits to declare it void.

Can I get compensation for harassment? Yes, courts may award damages for mental harassment and false litigation in appropriate cases.

What Evidence Is Required?

• Marriage certificate and age proof documents at time of marriage
• Medical records showing injuries from domestic violence incidents
• Audio/video recordings of threats and violent behavior
• Witness statements from family members, neighbors, or friends
• WhatsApp chats, SMS, and email communications showing threats
• Police complaints or previous FIRs filed by either party
• Financial documents showing economic harassment or misuse of funds

How Long Will the Investigation Take?

Investigation typically takes 3-6 months depending on evidence complexity and police workload. Family court proceedings for nullity petitions may take 1-2 years. Anticipatory bail applications are usually decided within 2-4 weeks. Criminal cases involving domestic violence may extend for 6-12 months. The timeline varies significantly based on evidence quality, witness cooperation, and court schedules in different jurisdictions.

Advocate Sudhir Rao, Supreme Court of India