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Divorce & Separation

Divorce and separation are primarily handled under personal laws such as the Hindu Marriage Act, Special Marriage Act, Muslim Personal Law, and others. However, many issues that arise during marital disputes involve criminal elements, which are now addressed under the updated Bhartiya Nyaya Sanhita (BNS), 2023.

Understanding these provisions is crucial for ensuring your rights and safety during separation

1. Cruelty & HarassmentCruelty, whether physical, emotional, mental, or economic, is a punishable offense under the updated BNS provisions.

2. Domestic Violence Related OffencesWhile the Domestic Violence Act, 2005, provides civil remedies, criminal acts of assault, harm, restraint, or intimidation fall under BNS.

3. Abandonment or Desertion with Criminal IntentDeserting a spouse without financial support or exposing them to risk can attract BNS provisions when criminal neglect or harm is involved.

4. Protection of Children Under BNS
During separation, any offence against children such as neglect, abuse, or unlawful restraint is punishable under specific child protection sections of BNS.

Overview

Divorce and separation fall under personal and matrimonial laws, but many issues that arise during a marriage, such as cruelty, harassment, intimidation, or abandonment, are addressed under the Bhartiya Nyaya Sanhita (BNS), 2023. While BNS does not govern the divorce procedure itself, it provides important criminal protections for individuals facing abuse or unlawful treatment within a marital relationship.

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Divorce & Separation

Divorce and separation are life-changing decisions that affect not just your personal relationships but also your emotional well-being, financial stability, and family dynamics. While the procedure of ending a marriage falls under personal laws, the newly implemented Bhartiya Nyaya Sanhita (BNS), 2023 plays a significant role in addressing criminal offences that may occur within a marital relationship. This updated criminal law framework provides clearer protections, stricter penalties, and more defined rights for individuals experiencing abuse, harassment, or unlawful treatment during marriage.

In today’s legal environment, many divorce cases involve overlapping issues civil disputes like custody or alimony, alongside criminal concerns such as cruelty, intimidation, dowry harassment, or domestic violence. Under BNS, offenses relating to physical injury, mental torture, threats, wrongful restraint, and financial abuse are treated as punishable crimes, ensuring stronger safeguards for spouses seeking protection. These provisions can directly influence the outcome of a divorce, affecting custody decisions, maintenance claims, and property settlements.

Our role is to guide you through this dual legal landscape—managing the civil process of divorce while simultaneously protecting your rights under BNS. We help you identify relevant criminal provisions, gather evidence, file complaints when necessary, and ensure your voice is heard during legal proceedings. Whether you are dealing with cruelty, abandonment, domestic violence related offences, or any form of harassment, the updated BNS laws empower you to take action confidently and legally.

Divorce and separation are difficult, but you don’t have to face them alone. With comprehensive legal support, you can navigate personal and criminal aspects effectively, ensure your safety, secure your rights, and move forward with dignity and peace of mind.