Frequently Asked Question on Police Harassment and Arrest

Men Helpline — Fri, 22 Aug 2025 06:54:41 +0000

FAQ – Police Harassment & Men’s Rights

Although the Constitution of India emphasizes equality, certain provisions and the absence of adequate mechanisms to protect men from false cases make men more vulnerable. For example, Article 14 states that ‘everyone is equal before the law,’ but Article 15(3) allows for ‘special provisions for women and children’. Hence it is important for men to know their rights and also about protection from arrest.

As per law (Section 41A CrPC), police must issue a written notice before calling you for inquiry in non-cognizable or certain cognizable cases. Always ask for a written notice and the reason for inquiry according to the guidelines by Supreme Court in landmark case of Arnesh Kumar Vs State of Bihar, 2014.

No. Police must have a valid FIR and reasonable grounds for arrest. Supreme Court guidelines require proper justification and documentation before arrest in most cases.

You have the right to remain silent, consult a lawyer, and file a complaint with the Superintendent of Police or State Human Rights Commission. You can also seek protection through court orders.

Yes, you can record calls or in-person conversations with police to protect yourself, as long as you are part of the conversation. This can help as evidence if there is harassment.

You can contact Men Helpline at +91-9911666498 for guidance. Approach a criminal lawyer immediately and, if needed, file a writ petition for protection against unlawful harassment.

If police arrive at your home, first dial 100 to verify they are genuine officers and not impersonators. Inform the Dial 100 operator that police have come to your house — this creates an official record. Such a record can protect you against unlawful detention because, by law, if someone is arrested, they must be presented before a magistrate within 24 hours. Having a record of the visit helps prove if this requirement is violated.

When you receive a call to join an investigation, you should inform Dial 100 that you have been called and when you plan to reach the police station. This ensures there is a record of your compliance and prevents the Investigating Officer from falsely claiming you failed to attend. This simple step protects your rights and ensures transparency.

You have the right to know the reason for arrest and the charges, remain silent, consult a lawyer, and inform your family. You must be presented before a magistrate within 24 hours; otherwise the detention is illegal.

Police can only use reasonable force when absolutely necessary, such as to prevent harm or escape. Torture, beating, or coercion is illegal and violates your fundamental rights.

Stay calm and cooperate, but do not admit guilt. Contact a lawyer immediately, preserve all evidence proving your innocence, and inform your family. Document all police interactions.

Collect names, badge numbers, designations of officers, date, time and location of the incident, actions that felt illegal, witnesses’ contacts, and any available recordings or CCTV footage (if lawful and safe).

Men often face intimidation or coercion in false dowry, domestic violence, or molestation cases. Officers may sometimes take them to private rooms without CCTV for intimidation or assault, or threaten arrest to extract money or settlements. False cases may be filed without proper investigation. Lack of awareness about rights increases vulnerability.

Deep Dive into the Procedure of Divorce in India – FAQ – Hindu Marriage Act Divorce law

Men Helpline — Tue, 04 Mar 2025 15:37:11 +0000

The process of divorce in India is emotionally, legally, and financially challenging for men.

This post aim to explain the procedure of divorce in India under the Hindu Marriage Act in a question-and-answer FAQ format to make it easier to understand.

It takes several years to get a divorce because India has no provision for prenuptial agreements and does not recognize no-fault divorce. Hence, the only options available for parties that they either move with mutually agreed conditions to a divorce or to file for divorce based on the other’s fault and contest it.

1. Different Divorce Model

There are essentially 2 model, Fault -based and no-fault divorce model, but India has only concept of fault-based divorce model. Let’s see the comparison chart.

Aspect	Fault-Based Divorce Model	No-Fault Divorce Model
Definition	One spouse must prove that the other is at fault for the breakdown of the marriage.	Neither spouse needs to prove fault; the marriage can end based on irretrievable breakdown.
Grounds for Divorce	Adultery, cruelty, desertion, mental disorder, conversion, venereal disease, etc.	Irreconcilable differences, incompatibility, or mutual decision to separate.
Burden of Proof	The petitioner (spouse filing for divorce) must provide evidence of wrongdoing.	No need to prove misconduct—just a declaration that the marriage has broken down.
Time Required	Can take several years due to legal battles and proving fault in court.	– — –
Emotional Impact	High stress and financial burden due to prolonged litigation and legal fees.	Less emotional strain as there is no allegations to prove
Status in India	India follows the fault-based model under the Hindu Marriage Act, requiring specific legal grounds for divorce.	No-fault divorce is not recognized in India; only the Supreme Court can grant divorce on the ground of irretrievable breakdown.
Status in Other Countries	— need to study	Common in Western countries like the U.S., Canada, U.K., France, Australia, etc..

2. Types of Divorce

When both parties agrees to separate and file the divorce application jointly. Below are the law related to mutual consented divorce:

-> Section 13(b) of Hindu Marriage Act, 1955
-> Section 28 Special Marriage Act, 1954
-> Section 32(B) of Parsi Marriage and Divorce Act, 1936
-> Section 10A of Indian Divorce Act, 1869 (for Christians)

2.2 Contested Divorce or Fault-Based Divorce

When One spouse seeks a divorce but other party is not interested.

So a contested divorce can be filed under on the grounds of cruelty, desertion, adultery, mental disorder and for other reasons. The different laws which deals are:

-> Section 13(1) & 13(2) of Hindu Marriage Act, 1955
-> Section 27 of Special Marriage Act, 1954
-> Sections 30 & 32 of Parsi Marriage and Divorce Act, 1936
-> Sections 10 & 11 of Indian Divorce Act, 1869 (for Christians)

2.3 Customary Divorce

Customary divorce rarely used, which is recognized under personal laws for certain communities, provided that the customs are well-established and recognized by courts.

Section 29(2) of the Hindu Marriage Act, 1955 protects the validity of customary divorces. Tribes, some rural communities, and specific religious groups follow their own customary divorce practices.

Q: Which type of divorce is faster?

A: Mutual consent divorces are granted in six months, making them faster than contested divorces.

Q: Why do contested divorces take a long time?

A: Contested divorces are based on the fault-based principle, meaning the applicant must prove the allegations. This requires an extensive trial process, which can take several years.

Q: What is an annulment of marriage?

A: An annulment declares a marriage legally void, but it is only possible if specific criteria are met and the petition is filed within one year of marriage.

Section 10 of the Hindu Marriage Act deals with judicial separation, which allows spouses to live apart without dissolving the marriage. This is different from annulment. Something like child marriage is not allowed.
Section 11 of the Hindu Marriage Act deals with void marriages, such as cases where a person is already married and has not obtained a divorce, or where the marriage violates prohibited relationships (e.g., sibling-like relationships as per customs).
Section 12 of the Hindu Marriage Act deals with voidable marriages, where the validity of marriage is in question—such as cases involving fraud, coercion, unsound mind, or lack of valid consent. If no petition is filed within one year, the marriage is treated as valid. Something like marriying a person who is in a state of unsound mind like drugged.

3. Grounds for filing a contested divorce, Fault based divorce

Grounds for contested divorce

A man can seek divorce under various grounds, including:

Cruelty: physical or mental harassment by the wife.
Adultery: wife having an extramarital affair.
Desertion: wife leaving without reasonable cause for a reasonable period.
Mental Disorder: if the wife suffers from an critical mental illness which shows are incompetency to manage family responsibilty.
Conversion: if the wife converts to another religion.
Venereal Disease: if the wife suffers from an incurable contagious disease.

Q: What are the grounds for filing a contested divorce under the Hindu Marriage Act?

A: Common grounds include cruelty, desertion, adultery, conversion, mental disorder, and other legally recognized reasons.

Q: Since the adultery law has been nullified, is adultery still a ground for divorce in India?

A: Yes, adultery remains a ground for divorce under personal laws. The Supreme Court has clarified in various rulings that while adultery is no longer a criminal offense, it can still be a valid reason for seeking divorce.

Q: What constitutes cruelty as a ground for divorce?

A: Cruelty can be physical or mental and includes actions that cause significant distress, harassment, or harm to the spouse.

Q: What is desertion, and how does it apply to divorce?

A: Desertion occurs when one spouse abandons the other without reasonable cause for a legally specified period (typically two years under the Hindu Marriage Act).

Q: Can I get a divorce based on the Irretrievable Breakdown of Marriage (IRBM) law?

A: While Irretrievable Breakdown of Marriage can be grounds for divorce, it is not yet codified into law for lower courts to grant divorce on this basis. Currently, only the Supreme Court of India has the power to grant divorce on this ground, and the process can take 15-20 years in most cases.

4. How to File for Divorce in India

Q: Where do I file for divorce in India?

A: A divorce application can be filed only in the Family Court having jurisdiction over the marriage or residence of the spouses.

Q: What documents are required for a divorce petition?

A: Yes, essential documents includes:

Proof of marriage (wedding invitation, photographs, or marriage certificate)
Photographs of the couple
Marriage certificate (if available)
Address proof of both spouses
Evidence supporting the grounds for divorce (e.g., messages, emails, medical reports, witness statements)

Q: How long does the divorce process typically take in India?

A: Mutual consent divorce: Typically takes a minimum of six months. While the Contested divorce (fault-based) can take several years due to legal proceedings and court trials.

A: Yes, a mutual consent divorce involves three motions of hearing to allow time for settlement, ensure compliance with conditions like payment of permanent alimony, and finalize the case closure.

A: The Supreme Court has issued guidelines for waiving the waiting period in exceptional circumstances. However, this waiver is granted rarely and is subject to the court’s discretion.

Q: Do I need a lawyer to get a divorce?

A: While it is not legally mandatory, it is highly recommended to have a lawyer for legal representation and guidance.

Q: Can divorce be filed online?

A: No, divorce cannot be filed online. Both spouses must appear before the court to file the divorce petition and complete the necessary legal proceedings.

5. Can a husband avoid paying alimony?

Alimony is determined based on multiple factors, including:

The financial status of both spouses
The earning capacity of the wife (should be, but generally not considered)
The duration of the marriage (should be, but generally not considered)
The presence of children

A husband can contest alimony if:

The wife is financially independent
The wife has deliberately left her job to claim maintenance
There is proof of misuse of maintenance laws

6. What legal rights do men have during divorce?

Men have several legal rights, including:

The right to contest false allegations and demand proof
The right to claim shared assets and property acquired during marriage
The right to seek child custody
The right to appeal in higher courts

7. How can men protect themselves before and during divorce proceedings?

To safeguard their interests, men should:

Keep records of all communications and financial transactions
Avoid impulsive actions that could be used against you in court
Seek legal advice early and consult any Men’s Rights Group and lawyer
Engage in mediation before opting for litigation
File counter-cases if facing false allegations

8. Important Questions

Q: How much does a divorce cost in India?

A: The cost of a divorce in India depends on several factors:

Alimony to wife in Mutual consent divorce: it depends on agreement between parties.
Alimony to wife in Contested divorce: it depends on husband earnings, in general 5-10 year of husband’s income.
Lawyer’s fees: Can range from ₹30,000 to several lakhs, depending on experience and complexity.
Court fees and paperwork: Usually minimal but varies by state.

Q: Can a NRI file for divorce in India?

A: Yes if married wit Indian woman.

Q: Is a divorce obtained in another country valid in India?

A divorce granted in another country may or may not be recognized in India, depending on the circumstances:

Recognized in India if, the divorce is based on mutual consent and follows the principles of natural justice.

Not recognized in India if, The divorce was granted ex parte (i.e., one spouse was not present or did not contest). or if it violates Indian laws or public policy (e.g., if granted on grounds not recognized under Indian law) or violates other certain laws.

Legal Consideration:

If the foreign divorce is not recognized, the couple is still legally married in India.
A fresh divorce petition may be required to be filed in Indian court under Indian law.
Consulting a family law expert is recommended before relying on a foreign divorce decree.

Divorce laws in India can be challenging for men due to inherent biases. It is essential for men to stay informed, gather evidence, and seek proper legal support to navigate these difficulties. If you need assistance, reach out to Men Helpline Organization for guidance and support.

FAQ - Men Helpline Org