How to Navigate High Court for Men's Abuse Cases

Introduction

The Indian legal landscape has evolved over the past few years to acknowledge the fact that men can also be victims of domestic abuse and false allegations in matrimonial disputes. In order to ensure justice and protect the fundamental rights of men who are accused of such accusations, I am sharing a few points that can be taken into consideration while defending them. As a result of this blog, husbands are able to protect their interests and well-being by taking a variety of legal actions:

Appeals from lower court judgments:

Experienced High Court lawyers can file an appeal when the lower court issues an unjust or biased judgment against the husband. If the lower court 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. It is quite common for husbands to file appeals or Writs when they are denied custody or visitation of their children. Alternatively, an interim maintenance order may be issued in the wife's favor without providing the husband with a fair opportunity to be heard.

FIRs that are quashed:

False allegations and frivolous FIRs filed by wives against their husbands and in-laws can cause significant mental and financial hardships. As per the new laws under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), High Court lawyers may now file a petition to quash such FIRs under Section 482 of the Criminal Procedure Code (CrPC). A High Court may intervene if the FIR contains fabricated facts or is abused by the prosecutor.

Harassment injunction orders:

Obtaining an injunction order from the High Court is an essential legal tool for protecting men from ongoing harassment by their wives. Injunction orders can be obtained for the purpose of preventing the wife from entering the husband's property or making defamatory statements. In addition, bring in a temporary stay of proceedings filed in the lower court. This legal remedy is particularly useful in cases where the wife continues to harass the husband despite filing a false complaint.

Performance in matrimonial disputes:

Occasionally, a husband may seek specific performance, a legal remedy that requires the wife to comply with her obligations under the marriage contract. In cases where the wife unilaterally withdraws from her marital duties without any valid reason, a High Court lawyer can advocate for specific performance. When a husband and wife have a business or a company together and are required to meet the end customer's obligations, even though they are in dispute, one may seek the assistance of the high court to resolve the matter.

Reduction in maintenance orders:

Especially if maintenance orders are based on exaggerated claims by the wife, they can impose significant financial burdens on men. It is possible for a lawyer to file a petition in the High Court seeking a reduction of maintenance based on evidence of the husband's actual financial situation and the wife's earning capacity.

Fraudulent allegation filed against wife:

For false allegations filed by a wife against her husband, legal action can be taken under Sections 182 (217) of the Indian Penal Code (217 of the BNS) and 211 (248) of the Indian Penal Code. Assuring that the wife is held accountable for her actions is possible with the assistance of a High Court lawyer filing an FIR against her.

Children's custody and visitation rights:

Having to deal with child custody disputes is often among the most emotionally draining aspects of a divorce. The High Court plays a critical role in determining the best interests of the child. By presenting evidence that the husband is capable of providing a stable and nurturing environment for his children, a lawyer can assist the husband in obtaining custody or at least visitation rights. Particularly when one parent has abducted the child from a foreign country and is currently in India, the husband may be able to seek relief from the High Court by filing a Writ of Habeas Corpus.

Bringing a claim for restitution of conjugal rights:

The husband may seek restitution of conjugal rights under Section 9 of the Hindu Marriage Act when the wife has left the marital home without any justifiable reason. Depending on the situation, a High Court attorney may be able to convince the wife to return to her marital home or face legal consequences, such as the denial of maintenance.

IPC 498A (85 BNS & 86 BNS) Defending Allegations:

Often, section 498A of the IPC (85 and 86 of BNS), which deals with cruelty by a husband or family member, is abused to harass men. By presenting evidence which contradicts the claims made by the wife, a lawyer can provide an effective defense against such allegations. If the allegations are found to be baseless, the High Court can dismiss them.

Anticipatory Bail on False Allegations:

Achieving anticipatory bail is crucial when an arrest is imminent based on false allegations. There may be false accusations made against the husband and his family members that result in punishments ranging from 7 years to 10 years, and bail is denied in the lower court. The High Court can apply for anticipatory bail, avoiding unnecessary detention and humiliation for the husband. Bail can be granted by the court based on the merits of the case.

Conclusion

High Court lawyers are indispensable to the protection of men who are abused by their wives. Legal actions discussed in this blog protect men's rights and well-being in matrimonial disputes, from quashing false FIRs to securing child custody to defending against malicious prosecution. As a beacon of justice, the High Court protects men from abuse of legal provisions. My foremost advice to men as a family lawyer in Bangalore with over 20 years of experience is to understand the legal implications of this issue and not be driven by emotions of pain or revenge, justice will eventually catch up and patience pays off.