11:00 – 19:00The Role of Lawyers in Protecting Men Abused by Women in the High Court
In recent years, the legal landscape in India has evolved to recognize that men, too, can be victims of domestic abuse and false allegations in matrimonial disputes. As a seasoned High Court lawyer in Bangalore, I am sharing few points that can be eyed at while defending men against such accusations in ensuring justice and protecting their fundamental rights. This blog explores at a very high level the various legal actions that husbands can take to safeguard their interests and well-being:
1. Appeal Against Lower Court Judgments: When a lower court issues a judgment that is unjust or biased against the husband, an experienced High Court lawyer can file an appeal. The High Court has the authority to re-examine the case, considering all evidence and legal arguments afresh. This is particularly important in cases where the lower court may have overlooked key evidence or misinterpreted the law. Quite often the Appeals or Writs are filed when Husbands are denied from custody or visitation of their child. Or when there is an interim maintenance ordered in the favour of the wife without giving a fair chance of hearing that a husband deserves.
2. Quashing of FIRs: False allegations and frivolous FIRs filed by wives against their husbands and in-laws can cause immense mental and financial distress. A High Court lawyer can file a petition under Section 482 of the Criminal Procedure Code (CrPC) now as per the new laws Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS) to quash such FIRs. The High Court can intervene if it finds that the FIR is based on fabricated facts or is an abuse of the legal process.
3. Injunction Orders to Prevent Harassment: Injunction orders are essential legal tools that can protect men from ongoing harassment by their wives. A lawyer can help obtain an injunction from the High Court to prevent the wife from entering the husband’s property or making defamatory statements. Also bring in a temporary stay to the matter filed in the lower court. This legal remedy is particularly useful in cases where the wife continues to harass the husband even after filing a false case.
4. Specific Performance in Matrimonial Disputes: In certain cases, a husband may seek specific performance, a legal remedy where the court orders the wife to fulfil her obligations as per the marriage contract or agreement. A High Court lawyer can argue for specific performance, especially in cases where the wife has unilaterally withdrawn from her marital duties without a valid reason. Especially when Husband and Wife together have a business or a company and are obliged to address the end customers commitments although they are in dispute one can move to the high court to seek intervention.
5. Reduction of Maintenance Orders: Maintenance orders can place a significant financial burden on men, especially if they are based on exaggerated claims by the wife. A lawyer can file a petition in the High Court to seek a reduction in maintenance, presenting evidence of the husband’s actual financial condition and the wife’s ability to earn.
6. FIR Against Wife for False Allegations: When a wife files false allegations against her husband, it is possible to take legal action against her under Sections 182 IPC (217 of BNS) and 211 IPC (248 of BNS) for giving false information to the police and filing false charges. A High Court lawyer can assist in filing an FIR against the wife, ensuring that she is held accountable for her actions.
7. Custody and Visitation Rights of Children: Child custody battles can be one of the most emotionally draining aspects of a matrimonial dispute. The High Court plays a crucial role in determining the best interests of the child. A lawyer can help the husband secure custody or at least visitation rights, presenting evidence of the husband’s capability to provide a stable and nurturing environment for the child. Especially when one parent has abducted the child from a foreign country and is in India the Husband can approach the High court and file a Writ of Habeas Corpus as a remedy.
8. Filing for Restitution of Conjugal Rights: In situations where the wife has left the marital home without a justifiable reason, and the husband has secured an order from the lower court for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. A High Court lawyer can argue this case, compelling the wife to return to the marital home or face legal consequences, such as the potential denial of maintenance.
9. Defending Against IPC 498A (85 BNS & 86 BNS) Allegations: Section 498A of the IPC (85 and 86 of BNS), which deals with cruelty by a husband or his relatives, is often misused to harass men. A High Court lawyer can provide a robust defence against such allegations by presenting evidence that contradicts the claims made by the wife. The High Court has the power to dismiss these charges if they are found to be baseless.
10. Anticipatory Bail in False Allegations: In cases where there is a threat of arrest based on false allegations, obtaining anticipatory bail is crucial. At times there shall be false allegations against the husband and his family members with sections imposed which result into punishment extending up to 7Yrs+ or 10Yrs+, and the Bail is denied in the Lower court. A High Court lawyer can file an anticipatory bail application, ensuring that the husband is not subjected to unnecessary detention and humiliation. The court can grant bail based on the merits of the case, protecting the husband’s liberty.
11. Legal Remedies for Emotional and Mental Harassment: Men who face emotional and mental harassment from their wives can seek legal remedies under various provisions of the law. A lawyer can file a petition in the High Court for protection against mental harassment, which can include restraining orders and other legal measures to prevent the wife from continuing her abusive behaviour. Filing an Informatory Petition in the lower court comes to rescue of the Husband in such cases who fears false cases can be filed against him or his family.
12. Challenging False Dowry Claims: False dowry claims can have severe legal and social repercussions for a husband. A High Court lawyer can challenge these claims by presenting evidence that no dowry was demanded or given. The court can dismiss such cases if they are found to be based on falsehoods, thus protecting the husband’s reputation and legal standing. Also can claim compensation for Wrong Done against the husband and his family members who have suffered damages in the society and at work owing to such false accusations.
13. Property Disputes Arising from Matrimonial Conflicts: Matrimonial disputes often lead to conflicts over property ownership and rights. A High Court lawyer can assist in resolving these disputes, ensuring that the husband’s property rights are protected. This can include filing suits for declaration, possession, or partition, depending on the nature of the dispute that escalates from the lower courts to the High Court.
14. Protection Against Defamatory Statements: Defamation can cause irreparable damage to a person’s reputation. If a wife makes false and defamatory statements against her husband, a High Court lawyer can file a defamation suit on behalf of the husband. The court can award damages and issue an injunction to prevent further defamatory statements. Such suit can be filed in the lower court and move to the High court with interim applications and necessary writs to enforce orders especially compensation and restraining orders in case of delay in lower courts.
15. Contesting Unfavourable Interim Orders: During the pendency of matrimonial disputes, courts may issue interim orders that may not be favourable to the husband. A High Court lawyer can contest these orders by filing a revision or appeal, ensuring that the husband’s rights are not compromised during the litigation process.
16. Enforcing Legal Rights in Cases of Delayed Action: The most often sought after remedy from a High Court Lawyer is a writ of Speedy Trial. The husband who is battling delay tactics from the wife, especially when she is ordered interim maintenance and secured restraining orders against the husband not to visit the child. Speedy trial comes in as a potential remedy to secure the rights of the husband and overcome the delay tactics played by the wife.
17. Seeking Compensation for Malicious Prosecution: If a husband is subjected to a malicious prosecution by his wife, he has the right to seek compensation for the damages suffered. A High Court lawyer can file a suit for malicious prosecution, followed with challenging the interim orders of the lower courts at the High court arguing that the legal proceedings initiated by the wife were baseless and intended to harass the husband. Damages suffered shall be compensated and call of actions shall be punishment to cause deterrence for such actions in future.
18. Enforcement of Child Visitation Orders: When a wife refuses to comply with court-ordered visitation rights, a High Court lawyer can file a contempt petition to enforce the husband’s visitation rights. The High Court can take strict action against the wife for violating the court’s orders, ensuring that the husband maintains a relationship with his child.
19. Legal Actions for False Domestic Violence Claims: The Protection of Women from Domestic Violence Act, 2005, is often misused to file false claims against husbands. A High Court lawyer can defend against such claims by presenting evidence that disproves the allegations. The court can dismiss these claims if they are found to be without merit, protecting the husband from unwarranted legal consequences.
20. High Court’s Role in Protecting Fundamental Rights: Finally, the High Court plays a crucial 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. The High Court has the authority to issue appropriate orders to ensure that these rights are upheld.
In conclusion, the role of a High Court lawyer in protecting men who are abused by their wives is multifaceted and indispensable. From quashing false FIRs to securing child custody and defending against malicious prosecution, the legal actions discussed in this blog are essential tools in safeguarding the rights and well-being of men in matrimonial disputes. The High Court stands as a beacon of justice, ensuring that men are not left defenceless against the misuse of legal provisions.
As one of the family lawyer in Bangalore with over 20 years of experience, my foremost advice to men is to approach this issue with a clear understanding of its legal implications and not be driven by emotions of pain and vengeance, justice shall catch up and patience pays the desired outcomes.
For personalized legal advice tailored to your unique situation, feel free to write to us at mail@lawyersonia.com or call at +91 9845944896 if you wish to consult or discuss your matter. Sonia and Partners is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
