Author: Shalini Shukla, S.S. Khanna Girls’ Degree College a Constituent College of the University of Allahabad
- Abstract: This article critically examines, how the matrimonial laws in India have been misused, primarily by wives. It analyzes the abuse of these laws, which are necessary to control and manage marriages and ensure protection and defense of the rights of the parties but are barbarically misused with the intent to harm the interest of the other spouse or obtain undue advantage in the matrimonial courts. The article presents a complex analysis of the Hindu Marriage Act, the Protection of Women from Domestic Violence Act, and section 84 of BNS (section 498A of IPC) which aim to protect the interest of the innocent spouse against cruelty or domestic violence to malign the spouse by making false allegations and dragging on the prolonged litigation. Through this article, we attempt to illustrate emerging judicial reforms that are alternative to those abusive judicial reforms that have been abused in the domestic sphere in particular. As in the case of injury or possible divorce existing through the legal mechanisms of marital friction between couples and in general due to the absence of an honest and rapid solution to the above problems. This article presents a few exemplary case laws concerning substantive and procedural reforms in matrimonial laws, elaborates on the existing legal lacunae and procedural errors, and strict judicial supervision to control the filing of false cases against the husband.
Keywords: Matrimonial Laws, Domestic Violence, Dowry Prohibition Act, Section 85 of BNS (section 498A of IPS), Alimony and Maintenance.
- Introduction: India is a country with a rich heritage and culture. Before the colonial period, marriage in India was bound by personal laws; and different traditions for different communities, each based on its own religious laws and customs. The Hindus, Jains, and Sikhs have the Hindu Marriage Act, 1955. Marriage is a holy Sanskar (sacrament) for Hindus. Muslim has their Muslim Personal Law (Shariat) Application Act, 1937. For Muslims, marriage is viewed as a contractual agreement rather than a religious sacrament. The law governing marriage, divorce, alimony, and maintenance, child custody is known as matrimonial law. They address the rights, duties, and obligations of spouses, ensuring fair resolution of disputes. Matrimonial laws help the wives by ensuring rights to maintenance, alimony, and protection against abuse and cruelty. These laws provide legal remedies for divorce, demand for dowry, and safeguarding the interest and dignity of the wives. But sometimes Matrimonial laws are misused by the wives by filing false cases of demand of dowry and domestic violence, cruelty, or exaggerated maintenance claims, exploiting legal provisions to harass husbands or to obtain undue financial advantages. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) After India ratified CEDAW in 1993, various amendments were made to India’s matrimonial laws to increase gender equality. This includes amendments to the Hindu Marriage Act and the Criminal Procedure Code (now CrPC was replaced by the BNSS 2023) to accommodate women’s right to separate residence and maintenance.
- Definition of the term Misuse: The term “misuse” in the context of matrimonial laws refers to the wrong use of these laws. The legal provisions are put to use in a manner beyond their purpose in the way that eventually results in harassing, extorting, oppressing, or otherwise gaining an unfair advantage over the other party. A common form of misuse has often been the exaggeration of facts, or willful repetition of arguments that have already been debated in one form or another, with the sole intention of continuing litigation. Misuse can also be in the form of false accusations or complete misrepresentation as well.
Some matrimonial laws are now widely misused by wives these are as follows:
- The Dowry Prohibition Act,1961: The Dowry system in India is an evil practice where the family of the bride provides money, property, and gifts to the bridegroom’s family during the marriage. To prohibit this evil practice of dowry, which had become a significant social issue and a major cause of violence against women in India the Parliament enacted the Dowry Prohibition Act,1961. Which provides the punishment for the demand of dowry and criminalizes it. However, women are now more frequently misusing the Dowry Prohibition law to intimidate their husbands and in-laws. The laws were enacted to help women, but it was being used as “a weapon by disgruntled wives” Section 80 of the Bharatiya Nyaya Sanhita, 2023 talks about the “Dowry Death” If anyone found guilty of dowry death will face a prison sentence of 7 years, which can be extended to a life imprisonment. This section is read with section 118 of Bharatiya Sakshya Adhiniyam 2023, which talks about the “Presumption as to dowry death”. In many, cases, it had been seen that women or their families filed false dowry cases to extract money or property from the husband’s family. In the case of Arnesh Kumar v. State of Bihar, SC, 2014, the Supreme Court observed that the misuse of section 498A of IPC, which deals with dowry harassment, has become a tool of harassment for the husband and his family.
- Domestic Violence Act, 2005: This Act aims to enhance the safeguarding of the rights of women, as guaranteed by the Constitution, who have experienced violence (both physical and psychological). Victims of domestic violence can approach the court for protection orders, which prohibit the abuser from committing further acts of violence. But this Act was misused by women who filed false cases against their husband and their family members. The sole purpose of these false cases was to harass the husband and his family. The false cases are used to coerce husbands and their relatives into making large financial settlements or paying alimony.
- Section 498A of IPC (Section 85 of BNS): This now section 498A of IPC has been replaced by Section 85 of Bharatiya Nyaya Sanhita (BNS) 2023. The verbatim of both sections is the same only the section number has been changed by the Parliament. Section 86 of the BNS defined “Cruelty”. The purpose of Section 498A of the IPC is to safeguard married women from cruelty and address the critical issues of dowry-related deaths and harassment by their husbands or in-laws. If a husband or his relatives inflict cruelty upon a woman, they can face severe penalties, including imprisonment for up to three years and a monetary fine. This offense is serious, categorized as cognizable, and is non-bailable and non-compoundable. In the case of B.S Joshi v. State of Haryana (2003), SC, the Supreme Court held that the objective of introducing Section 498A of IPC was to prevent torture of a woman by her husband or by relatives of her husband. This section was added in IPC to punish the husband as well as his relatives who are involved in an act of harassing the wife to satisfy unlawful demands of dowry. In the case of Rajesh Kumar & Ors. v. State of UP, 2017, SC, the Supreme Court laid down comprehensive directions to prevent the misuse of the provision of Section 498A of IPC. But now this section was widely misused by the wives. False cases may be filed to harass husbands or their families, often leading to undue stress and financial burden on the husband. The recent tragic death of 34-year-old Atul Subhash highlights concerns about the misuse of Section 498A of IPC, by wives. Atul Subhash tragically took his own life in December 2024, reportedly due to the severe pressure and an alleged demand of Rs 3 crore from his wife, Nikita Singhania, as part of a divorce settlement. He also alleged that the justice system favors women in such cases according to the National Crime Records Bureau (NCRB), in 2020 alone, over 85,000 cases were registered under Section 498A of the Indian Penal Code (IPC) deals with cruelty-inflicted by husbands or their families. Alarmingly, police investigations revealed that 5,821 cases were false, highlighting a troubling pattern of misuse of this provision.
- Alimony and Maintenance: Maintenance refers to the financial support provided by one spouse to the other during the course of their separation or after divorce. It is a recurring payment intended to ensure that the spouse receiving it can maintain a standard of living similar to what they have during the marriage.
Alimony, on the other hand, is a single lump sum payment issued once the divorce has been finalized. Section 25 of the Hindu Marriage Act talks about the “Permanent Alimony and Maintenance” Section 125 of the Code of Criminal Procedure, 1973 talks about the maintenance which was replaced by Section 144 of Bharatiya Nagarik Suraksha Sanhita also talks about the “Order for maintenance of wives, Children and parents”. These laws aim to provide maintenance to the wife when the wife is unable to fulfill her basic needs. In the case of Mohd. Ahmed Khan v/s. Shah Bano Begum, 1985, SC, (Popularly called as the Shah Bano Case) the Supreme Court held that the Muslim divorced wife is entitled to maintenance by her husband, and this extends the period of Iddat if the wife is unfit to maintain herself. The Hon’ble Supreme Court also held that section 125 of the Code of Criminal Procedure applies to all citizens irrespective of their religion, and in case of a clash between individual laws and provisions of section 125, the Code of Criminal Procedure would be given dominance.
But now these laws are widely misused by the wives by filing false claims for financial support even when they are financially capable of supporting themselves. These laws are not gender-neutral and only help the women. There are cases where the wife has a substantial income or assets so that she can pay maintenance to her husband whose income is less and he is unable to maintain himself but this happens very rarely. Often the husbands have to pay maintenance to their wives. The recent case of the Atul Subhash case is an example of the misuse of the matrimonial laws by the wives.
Atul’s marriage, which began with promise, faced challenges within two years, leading to disputes. His spouse (Wife) accused him of harassment and initiated legal proceedings under Section 498A and the Domestic Violence Act. Although Atul maintained that the allegations were unfounded, he was obligated to pay a monthly maintenance fee of ₹40,000. However, his wife’s demands ₹2 lakh per month. But he was unable to bear the financial and emotional strain, Atul’s despair culminated in his suicide. In his note, he expressed frustration over the legal system’s bias and the lack of recourse for men falsely accused. His passing triggered widespread anger and provoked protests across the country, with countless individuals demanding immediate changes in marital legislation.
- Conclusion: I conclude that the purpose of the enactment of the matrimonial laws is defeated and widely misused by wives by filing false cases against the husbands and their family members. These laws are women-centric laws and remedies are available only for the wives. Atul Subhash’s case highlights the urgent need for reforms to prevent legal exploitation while ensuring justice for genuine victims. To prevent the misuse of these matrimonial laws stringent the penalties for false cases and there should be gender-neutral laws to safeguard the rights of all the parties.
- References:
- The Hindu Marriage Act,1955
- The Indian Penal Code, 1860
- The Code of Criminal Procedure, 1973
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Bharatiya Nyaya Sanhita, 2023
- Bharatiya Sakshya Adhiniyam, 2023
- The Dowry Prohibition Act, 1961
- The Domestic Violence Act, 2005
- https://www.livelaw.in/top-stories/supreme-court-take-on-misuse-of-section-498a-ipc-cruelty-harassment-over-implication-of-husband-family-278393
- https://matrimonialadvocates.com/misuse-of-dowry-law-in-india/
- https://ijlmh.com/wp-content/uploads/Misuse-of-Matrimonial-Laws.pdf
- https://www.barandbench.com/topic/matrimonial-disputes
- https://delhi-lawyers.in/wives-who-are-financially-stable-cant-make-any-claim-maintenance-high-court
- Modern Hindu Law by Paras Diwan, ALC, 2022.
- FAQ:
- What are the common forms of misuse of matrimonial laws?
Answer: Misuse of matrimonial laws often involves: Filing false cases under Section 498A of the IPC (Cruelty by husband or relatives), misusing domestic violence laws to harass the spouse and in-laws, and filing exaggerated maintenance claims under Section 125 of the CrPC or the Hindu Marriage Act.
- How can a person defend themselves against false matrimonial cases?
Answer: Gather and preserve all relevant evidence, such as messages, emails, and financial records. File for quashing of false FIRs in the High Court under Section 482 CrPC. Use legal provisions like counter-complaints to expose malicious intent. Seek anticipatory bail to avoid arrest under laws like Section 498A IPC.
- What are the consequences of false allegations in matrimonial disputes?
Answer: False cases can lead to harassment, loss of reputation, emotional distress, and financial burden on the accused, often disrupting their lives significantly.
