Your rights
What legal remedies exist for marital cruelty?
Short answer
File DV Act case for protection and maintenance. File BNS Section 85 complaint. File for divorce on grounds of cruelty.
Understanding the issue
Indian law provides multiple remedies for marital cruelty. First, file a complaint under the Domestic Violence Act for immediate protection orders, residence orders, and monetary relief. Second, file a criminal complaint under BNS Section 85 (Cruelty by husband or his relatives) — this is a cognizable offence punishable with up to 3 years imprisonment. Third, file for divorce on grounds of cruelty under the Hindu Marriage Act Section 13. These remedies can be pursued simultaneously. You can also approach the National Commission for Women (NCW) or State Women's Commission for additional support. Free legal aid is available through DLSA for women facing marital cruelty.
Laws that apply
- BNS Section 85 (Cruelty by husband or relatives)
- Protection of Women from Domestic Violence Act — Sections 12, 18, 19, 20
- Hindu Marriage Act — Section 13 (Grounds for divorce)