A.
Dear Client,
In the prevailing situation, you have the following legal remedies to resolve the crisis. 1) You can file a complaint against your husband and his other family members who subjected you to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of the DV Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act that include the right to reside in the shared household, prohibitory order and residence order. Even, Magistrates are empowered to issue maintenance orders under Section 20(1)(d) of the D V Act. 2) You may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Either spouse can obtain a decree of divorce if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual consent divorce, you can file a one-sided/contested divorce petition before the Family Court/District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides praying for a decree of divorce and seeking maintenance or alimony from the husband. As regards maintenance post-divorce, be informed that both under Section 25 of the Hindu Marriage Act, 1955, and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself and her children Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh v. Neha (2021(2) SCC 324). Said criteria include the parties’ status, the respondent Wife needs, the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the parties' minor children’s maintenance, and illness or disability, etc. 3) The relationship of either spouse with another woman or man is defined as Adultery under Section 13 (1) of the Hindu Marriage Act. 1955 and considered a valid ground for divorce by the Marriage Laws Amendment Act, 1976. However, an extramarital affair or adultery is no longer a criminal offense as per the judgment passed by a five-judge Bench of the Supreme Court on September 27th, 2018, decriminalizing adultery. However, adultery can still be considered grounds for divorce and can have legal and social consequences. Various High Courts and the Supreme Court have recognized adultery as valid grounds for one-sided divorce, defining what constitutes adultery in different contexts. The Hon'ble Punjab and Haryana High Court has held that a couple living together without divorcing the earlier spouse does not fall within the definition of a "live-in relationship" or ties in the "nature of marriage". The court also said it constitutes an offense of bigamy under Sections 494/495 of the IPC (Sections 82(1) & 82(2) of BNS) that attracts a punishment of imprisonment for seven years or more, depending on the crime. If you can prove the offence of bigamy against your husband, you can file a criminal suit against him under Sections 82(1) & 82(2) of Bharatiya Naya Sanhita(BNS). As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. If you are not financially sound enough to continue with litigation expenses, you can apply to the Member Secretary, State Legal Services Authority, or the District. Legal Services Authority seeking free legal services available to women under Sec.. 12(c) of the Legal Services Authority Act, 1987 to contest the cases in the Court for appropriate relief. Hope it may help.
Posted On 25-Jul-2025
Bangalore
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