Abuse of Matrimonial Laws by Wife and Role of Judiciary in Preventing Cruelty Against Husband: An Analysis

Abstract

Indian marriages are considered sacred and they are once in a lifetime affair. It is a social folklore which has countless practices and rituals and is supposed to be not only between two homoserines but popularly among two units of humans who are extra ordinarily involved. It is an affair where lots of favours are put forward. Lately, it has been observed that the couples experience incompatibilities and distress. Discontent between the couples is the only reason that divorce rate and separations have increased attributing to Economic, social and cultural factors. This has assisted to an unprecedented social calamity. Centers like family and other law courts plus counseling cells and police administration that are said to be responsible for restoring social justice are extremely milked and over burdened. This has led people to adopt the trending concept of live in relationships. It is a traditionally accepted and established fact that a man is always considered as a macho and is physically stronger than the women whereas on the other side women have an extended hand on mental strength. This caters to the need of protection of men from mental violence if women are protected from physical violence. It has become a notion that when it comes to domestic violence cases and marital disputes, the husband with his entire pedigree and companions are said to harass the bride and are sketched as needy of dowry. This concept has been grasped by the legal and social systems of India. In the orthodox Indian society women have been victimized traditionally this is the reason the social and legal systems are obsessed and extremely concerned to protect the women from violence. This obsession has led to ignorance of misuse of various laws by wife and her relatives falsely accusing and harassing the legal mate and his pedigree by levying untrue and baseless averments and also by soliciting provisions of Anti-Dowry law. The women centric laws are misused only for blackmailing sympathy and extortion. In the era of Article 14  of the Constitution there are laws for the safety of women who falsely or truly claim to be harassed but at the same time there are no safeguards against harassment which is caused by wife to their bridegrooms. When a husband turned accused fights for his innocence the corrupt system, the feminist organizations, the police and the courts reminds him of systematic bias. There are special women-centric laws that provide for the safety of women who claim to be harassed. However, there are no safeguards against harassment caused by wives against the husbands.