Men's rights in marriage: A look at legal protections for husbands amid Atul Subhash and Rishi Trivedi cases

The death of Bengaluru techie Atul Subhash who died by suicide due to marital injustice has created a massive outrage across India with several people demanding justice for the deceased. While men in marriage are vulnerable under the law, several people across social media have started sharing their experiences of troublesome marriages with similar death cases like Rishi Trivedi emerging.

In India, marriage is a sacred institution, but the reality of marital life can sometimes involve challenges, disputes, and injustices. While there has been significant focus on protecting women's rights within marriage, the legal framework also provides for the protection of men in situations of abuse, harassment, and unfair treatment.

Below is a detailed legal overview of the various laws and provisions under which a man can seek protection, alimony, and justice in case of divorce or harassment.

What are the grounds for filing a divorce petition by men?

Under Indian law, men have the right to seek a divorce on several grounds. The Hindu Marriage Act (1955), Special Marriage Act (1954), Indian Divorce Act (1869), and Muslim Personal Law all allow for divorce petitions to be filed by a man in cases of marital issues. Below are the grounds under which a man can file for divorce:

Hindu Marriage Act, 1955

Under the Hindu Marriage Act, a man can file for divorce under the following grounds:

Cruelty (Section 13(1)(i)): A man can seek divorce if he has been subjected to physical or mental cruelty by his spouse. This includes cases where the wife engages in behaviour that causes emotional distress, mental suffering, or physical harm. If a man is tortured, abused, or subjected to constant harassment, he can file for divorce under this provision.

Adultery (Section 13(1)(i)): If the wife engages in an adulterous relationship, the husband has the right to file for divorce on grounds of infidelity.

Desertion (Section 13(1)(ii)): A man can seek divorce if his wife has deserted him for more than two years.

Conversion (Section 13(1)(iii)): If the wife converts to another religion, the husband may seek divorce.

Mental Disorder (Section 13(1)(iii)): If the wife suffers from a mental disorder that makes her unfit for marital life, the husband can file for divorce.

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Special Marriage Act, 1954

Under the Special Marriage Act, a man can file for divorce on the following grounds:

Cruelty (Section 27(a)): A husband can seek divorce if his wife treats him with cruelty, which includes both physical and mental abuse.

Adultery (Section 27(b)): The husband can file for divorce if the wife engages in an extramarital affair.

Desertion (Section 27(c)): If the wife has deserted the husband for more than two years, a divorce petition can be filed.

Mental Illness (Section 27(d)): A divorce can be sought if the wife suffers from a mental illness that makes cohabitation impossible.

Inability to Have Children (Section 27(e)): If the wife is unable to conceive and has not provided a reasonable explanation, the husband can file for divorce under this section.

How men can protect themselves against domestic violence and harassment?

While most discussions about domestic violence focus on women, men can also be victims of harassment and domestic violence. The Protection of Women from Domestic Violence Act (2005) specifically targets violence against women, but it is important to note that men too can be victims of domestic abuse.

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Bharatiya Nyaya Sanhita (BNS) – Section 85

Cruelty by Spouse (Section 85): While primarily aimed at protecting women, Section 85 of the Bharatiya Nyaya Sanhita also works to ensure that men are not subjected to physical or mental cruelty by their spouses. If a man is falsely accused under this section, he has the legal right to challenge the accusation and seek a fair trial. In case a man is wrongly accused of cruelty, he can defend himself by producing evidence of false allegations.

What are the laws for alimony and maintenance rights for men?

In India, alimony or maintenance is usually granted to the wife in a divorce proceeding, but in certain situations, men can also claim maintenance or alimony. The laws governing maintenance include:

Hindu Marriage Act, 1955 – Section 24

Interim Maintenance (Section 24): Under Section 24 of the Hindu Marriage Act, a man can seek interim maintenance during the pendency of divorce proceedings if he can demonstrate that he is unable to support himself financially due to the marital situation.

Hindu Adoption and Maintenance Act, 1956 – Section 18

Maintenance by Wife to Husband (Section 18): Although the Act primarily focuses on the maintenance of women, in some cases, men can seek maintenance if they are unable to maintain themselves due to illness, disability, or other valid reasons. In the event of a separation, if a husband can prove that he is financially dependent on his wife, he may be granted maintenance.

Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 144

Maintenance Under Section 144 BNSS: Section 144 of the BNSS allows for the provision of maintenance in case of divorce or separation. While this section is commonly invoked by women, a man who is financially dependent on his wife or facing hardship due to abandonment can also file a petition under this section for maintenance.

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How to tackle false allegations and ensure protection from misuse of laws?

Men in India often face the risk of false allegations in marriage-related matters. To protect against this misuse of legal provisions, the following remedies are available:

Bharatiya Nyaya Sanhita (BNS) – Section 217

False Information to Police (Section 217): If a man is falsely implicated in a criminal case, such as under Section 85 (cruelty), he has the right to file a counter-case for giving false information to the police under Section 182 of the BNS.

Bharatiya Nyaya Sanhita (BNS) – Section 248

False Charges (Section 248): If a woman knowingly files a false charge of a serious crime such as rape or dowry harassment, the husband can file a case under Section 248 of the BNS, which deals with false charges.

For the uninitiated, family courts in India are increasingly aware of the challenges men face when false claims are made for alimony. Courts have started to closely examine the circumstances surrounding such claims to ensure justice for both parties.

How to prevent misuse of dowry laws?

While Section 85 of the Bharatiya Nyaya Sanhita is often invoked for cruelty and harassment, it is sometimes misused for false dowry harassment allegations. The husband has the legal right to defend himself against such allegations by challenging the authenticity of the claims. Sections 229, 248, 308, 351, and 352 of Bharatiya Nyaya Sanhita can help men with false accusations of rape and dowry harassment.

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