How Can Lawyers Help Men Abused by Women in Court?

Introduction

The legal landscape in India has evolved in recent years to recognize that men, too, can be victims of domestic abuse and false allegations in matrimonial disputes. My experience as a High Court lawyer in Bangalore has taught me a few points that can be considered in order to ensure justice and protect men's fundamental rights when defending men against such allegations. We explore the various legal actions a husband can take to protect his interests and well-being at a very high level in this blog:

Appeals from lower court judgments:

A High Court lawyer can file an appeal when a lower court has issued a judgment that is unjust or biased against the husband. Appeals or Writs can be filed by the husband when a lower court may have overlooked key evidence or misinterpreted the law. The High Court has the authority to re-examine the case, considering all the evidence and legal arguments afresh. When husbands are denied custody or visitation of their child, they often file an appeal or Writ. The wife may be ordered to pay interim maintenance without giving the husband a fair hearing.

The quashing of FIRs:

The filing of false allegations and frivolous FIRs by wives against their husbands and in-laws can cause extreme mental and financial distress. According to the new laws of Bhartiya Nagrik Suraksha Sanhita (BNSS), lawyers in the High Court may now file a petition to quash such FIRs under Section 482 of the Criminal Procedure Code (CrPC). If the High Court determines the FIR is based on fabricated facts or is an abuse of the legal process, it can intervene.

Harassment injunction orders:

Injunction orders are essential legal tools that can protect men from ongoing harassment by their wives. It may be possible to obtain an injunction from the High Court in order to prevent the wife from entering the husband's property or making defamatory statements. Also, a temporary stay may be brought in to the lower court case as well. In cases where the wife persists in harassing the husband, even after filing a false case, this legal remedy is particularly useful.

Matrimonial Dispute Specific Performance:

The husband may request specific performance, which is a legal remedy whereby the court orders the wife to fulfill her obligations as stipulated in the marriage contract. When a wife unilaterally withdraws from her marital duties without a valid reason, a High Court lawyer can argue for specific performance. One can move to the high court for assistance if the husband and wife jointly own a business or own a corporation and are obliged to meet the commitments of their end customers, notwithstanding the fact that they are in dispute.

Maintenance orders are reduced:

Men can incur considerable financial hardships as a result of maintenance orders, especially if they are based on exaggerated claims by their wives. Lawyers may file petitions in the High Court seeking a reduction in maintenance if they present evidence of the husband's actual financial condition and the wife's ability to earn.

Fraudulent allegations filed against wife:

The wife may be sued under Sections 182 IPC (217 of BNS) and 211 IPC (248 of BNS) when she gives false information to the police and files false charges against her husband. High Court lawyers can assist in filing an FIR against the wife, ensuring that she is held responsible for her actions.

Children's custody and visitation rights:

The High Court plays a crucial role in determining what is in the child's best interests as part of a matrimonial dispute. Child custody battles can be emotionally draining aspects of a matrimonial dispute. By presenting evidence of the husband's ability to provide a stable and nurturing environment for the child, a lawyer can assist him in obtaining custody or at least visitation rights. The Husband can approach the High Court in India and seek a Writ of Habeas Corpus when one parent abducts the child from a foreign country.

IPC 498A (85 BNS & 86 BNS) Defense:

IPC section 498A (85 and 86 of BNS), which deals with cruelty by a husband or his relatives, is often misused to harass men. If the High Court finds these charges to be baseless, it has the authority to dismiss them. An experienced lawyer in the High Court may be able to present evidence that contradicts the claims made by the wife.

False allegations: Anticipatory bail:

The husband will not suffer unnecessary humiliation or detention if an anticipatory bail application is filed by a High Court lawyer. Based on the merits of the case, the court may grant bail to the husband, protecting his liberty.

Redress for emotional and mental harassment:

Various provisions of the law allow men who experience emotional or mental harassment from their wives to obtain legal relief. In order to prevent the wife from continuing her abusive behavior, a lawyer can file a petition with the High Court for protection against mental harassment, which may include restraining orders and other legal measures. In such cases, an Informatory Petition in the lower court can provide the Husband with protection in case he fears false lawsuits will be filed against him or his family.

The challenge of false dowry claims:

The High Court can challenge the assertion of false dowry claims by presenting evidence that no dowry was demanded or given, which can have severe legal and social consequences for a husband. If such cases are found to contain falsehoods, the court can dismiss them, protecting the husband's reputation and legal standing. It is also possible to request compensation for Wrong Done against the husband and his family members who have suffered damages in society and in the workplace as a result of such false accusations.

Matrimonial property disputes:

The High Court can assist the husband with resolving these disputes by protecting his property rights. Often, domestic disputes lead to disputes over property ownership and rights. Depending on the nature of the dispute that escalates to the High Court from the lower courts, this may include filing suits for declaration, possession, or partition.

Defamation protection:

The reputation of a person can be irreparably damaged by defamation. When a wife makes false and defamatory statements against her husband, a High Court lawyer may file a defamation suit on his behalf. In addition to awarding damages, the court may also issue an injunction prohibiting further defamatory statements. Upon delay in the lower court, such a suit can be filed in the high court with interim applications and necessary writs to enforce orders, particularly compensation and restraining orders.

Interim orders that are unfavorable:

The courts may impose interim orders during the pendency of matrimonial disputes that may not be in the husband's favor. By contesting these orders through revision or appeal, a High Court lawyer ensures that the husband's rights are protected during the litigation process.

Child visitation orders are enforced as follows:

The High Court can take strict action against a wife who fails to comply with court-ordered visitation rights when a lawyer files a contempt petition in order to enforce the husband's visitation rights.

False domestic violence claims:

The court can dismiss these claims if they are found to be without merit, protecting the husband from unwarranted legal consequences if these claims are dismissed. In order to defend against such claims, a High Court lawyer must present evidence that disproves the allegations.

Fundamental Rights and the High Court:

Furthermore, the High Court plays an important role in protecting the fundamental rights of men who are abused by their wives. A lawyer can file a writ petition in the High Court if a husband's constitutional rights, such as the right to life and personal liberty, are being violated due to false allegations or legal harassment. If these rights are not being upheld, the High Court has the authority to impose appropriate orders.

Conclusion:

The role of a High Court lawyer in protecting men abused by their wives is multifaceted and indispensable. In addition to quashing false FIRs, securing child custody and defending against malicious prosecution, the legal actions discussed in this blog are crucial to protecting men's rights and well-being in matrimonial disputes. One of the most experienced family lawyers in Bangalore, I advise men to approach this matter with a clear understanding of its legal implications, rather than being driven by emotions of pain and revenge; justice will ultimately prevail and patience will yield the desired outcomes.