The tragic death of Bengaluru techie Atul Subhash, reportedly for marital injustice, has set off an emotional outcry across India. Cases of Rishi Trivedi and many more are shot into the limelight over the difficulties men face in marriages. While discourses around marital abuse and injustice would usually revolve around women, legal issues in marriages also involve men.

Let's take a look into legal protections and remedies extended to men in Indian marriages through laws on divorce, harassment, and alimony besides how men might seek justice against false accusations.

What legal options do men have to seek divorce?

In India, marital distress can lead to divorce and specific grounds that the law offers men to file for it. Some of these acts include the Hindu Marriage Act (1955), the Special Marriage Act (1954), and the Indian Divorce Act (1869).

Under the Hindu Marriage Act, men may seek a divorce on grounds that include cruelty, adultery, desertion, and mental disorder. For example, if a man is subjected to physical or emotional abuse, a divorce can be filed under Section 13(1)(i), where cruelty is addressed. Similarly, Section 13(1)(ii) allows a divorce if a wife leaves her husband for more than two years.

Similarly, the grounds of divorce under the Special Marriage Act include cruelty, adultery, and mental disorder, applicable to both marriage partners.

What if men are victims of domestic violence?

There has always been a view of women as victims of domestic violence, but it is often forgotten that men can be victims of physical or emotional abuse too. Even though the law was enacted to protect women as part of the Protection of Women from Domestic Violence Act 2005, it does not categorically exclude men from receiving protection.

Under Section 85 of Bharatiya Nyaya Sanhita, men have the provisions of protection from false cruelty accusations. Similarly, they have the right to challenge allegations before receiving a proper trial. With legal provisions being in favor, men get redressal whenever they are experiencing genuine abasement.

Now, whereas alimony and maintenance are generally cases against women, the law still allows men to seek support under some circumstances. For instance, Section 24 of the Hindu Marriage Act, of 1955, permits men to claim interim maintenance during the process of divorce if they face financial hardship.

Moreover, under the provisions of the Hindu Adoption and Maintenance Act, 1956, Section 18 even gives men the right to seek maintenance from their wives if they cannot maintain themselves due to illness or for some other valid reasons. And even under the BNSS provisions, men can file for maintenance in case of separation or hardship.

How does a man protect himself against these false allegations?

False accusations of domestic violence, dowry harassment, or other serious crimes may tarnish a man's reputation and lead to court battles. To safeguard against such accusations, Indian law provides several laws.

Under Section 217 of the Bharatiya Nyaya Sanhita, men are entitled to file counter-cases for false information given to the police. Moreover, Section 248 safeguards men against false charges of rape or dowry harassment and gives them the right to defend misleading claims in court.

Family courts are becoming more alert to the misuse of legal provisions for false claims, particularly in alimony and maintenance cases. They are more watchful, checking the evidence to see that both parties get a fair hearing.

How can dowry laws be misused?

The misuse of dowry harassment laws is one of the more contentious issues for men in India. Section 85 of the Bharatiya Nyaya Sanhita is often under criticism when misused, and men can defend themselves by challenging such allegations.

Legal provisions, in the name of Sections 229, 248, 308, 351, and 352 of the Bharatiya Nyaya Sanhita, guard men against false accusations of dowry harassment and supply them with legal instruments to fight back.

There is a call for balanced legal protections for both women and men.

While much of the legal framework in India is designed to protect women, especially within the context of marriage, it is important to note that men also face their own set of challenges and legal battles. The cases of Atul Subhash and Rishi Trivedi bring to light the often-overlooked struggles that married men face.

The laws regarding divorce, harassment, alimony, and maintenance are important laws to protect the rights of the spouses. However, these laws must be developed to ensure they do not misuse the rights of men. Now is the time when legal reforms should open the doors for equal opportunities for both men and women to reach out for justice and protection in a fair and just society.

Though marital issues and injustices are a sad fact of life, it is crucial that not only women but also men be given legal help to fight for their rights. Whether it is divorce, protection against domestic violence, or fighting false accusations, men need to be aware of their legal rights and protections as much as women do, under Indian law.