New Delhi. Laws related to divorce are often debated in the country. It has been seen in many cases that despite the increasing tension between the husband and wife, mental and physical torture and prolonged disputes, the courts do not give permission to end the marriage before a certain period. The law states that a divorce petition cannot be filed before one year of marriage has been completed—no matter how serious the tort is. But in such a situation, whether it is a man or a woman, what are the legal avenues through which they can stop the harassment and silence the other person?
Torture by husband: How does the law provide immediate relief?
Most of the complaints of domestic violence come from women. There are many cases where husbands make a woman’s life hell through alcoholism, beatings, mental torture, financial control and doubting her character. But not getting divorce before one year of marriage does not mean that the woman is helpless. The most effective provision for women is the Protection from Domestic Violence Act (PWDVA), 2005. Under this law, whether a woman wants a divorce or wants to save her marriage, she can immediately obtain protection order, residence order and restraining order from her husband. By issuing such orders, the court forces the husband to stay away from beatings, threats, abuses and financial exploitation. If the husband violates these orders, he may even face arrest.
That provision protects against ‘cruelty/dowry-harassment’
Apart from this, the wife can initiate action against dowry harassment and cruelty by filing a complaint with the police under Section 85 of BNS. This section applies in cases like dowry, assault, severe mental torture and abetment of suicide. The woman can also ask for maintenance from the court, even if she is living separately from her husband or the marriage is still valid. In this way the court can provide both security and financial relief even before divorce.
Torture of wife: There are ways in law for men also
It is often believed in society that complaints come only from women, whereas the truth is that cases of men being harassed are also increasing rapidly. Many men remain under severe stress due to mental violence, false allegations, financial harassment, threats and character assassination. There is no direct relief for men in the ‘Domestic Violence Act’, but they can complain about misuse of Section 85 of BNS against cruelty and seek protection order from the court and file a petition to get the false cases quashed. In cases of mental harassment, men can complain under Section 506 (criminal intimidation), Section 323 (causing hurt) and IT Act, if the wife tries to defame or defame her character on social media.
If the wife is continuously making false allegations and demanding money or preventing her from meeting her parents, then the man can file a petition for Restitution of Conjugal Rights and seek direction from the court that the wife should not live separately without proper reason.
Why not divorce before one year?
The purpose of the law is not to cause pain to anyone but to give a chance to save the marriage. But the Supreme Court has also said in many cases that if the torture is excessive and living together has become impossible, then in special circumstances the court may not wait for the completion of the period of one year. But this happens only in very exceptional circumstances. In most of the cases, the court first allows the aggrieved party protection, relief and separation. Divorce comes later.
No matter who tortures, the law gives weapons to both.
This confusion should be removed that the law is only for women or only for men. In fact, law works to prevent torture, provide security and maintain balance in relationships.
Whether husband or wife harasses-
complaint to police
protection order
permission to live separately
Maintenance
In case of defamation of character or threats, remedies like action under BNS are immediately available.
Whether the divorce is early or late, the law ensures that no one’s life remains trapped in the darkness of torture.
