MenToo: Maintenance & Alimony Laws in India and the Misuse of Laws

Introduction

Laws designed to protect and empower women have played a crucial role in ensuring justice and equality. However, when such laws are misused, they can result in unintended consequences, causing harm to families and individuals. A concerning trend has emerged in which certain women exploit legal provisions, particularly related to maintenance and alimony, for personal or financial gain. This issue goes beyond legal misuse and reflects a broader social challenge that affects trust, relationships, and gender neutrality in society.

While it is essential to acknowledge the genuine struggles of countless women, it is equally important to address the cases where legal safeguards are misused. This article explores real-life instances, analyzes the relevant laws, and highlights the ripple effects of such misuse on society.

The Social Issue at Hand

The misuse of women-centric laws represents a growing concern in modern society. Laws addressing domestic violence, maintenance, and alimony are intended to protect vulnerable women, especially in cases of abuse or abandonment. However, when these laws are misapplied by a few individuals, they tarnish the broader purpose and shake public faith in the justice system.

This phenomenon goes beyond individual harm, creating societal rifts and fostering gender-based mistrust. Men accused falsely under these laws often face severe financial losses, emotional trauma, and social ostracization. On the other hand, the narrative of misuse should not detract from the genuine need for these protections for women facing real abuse.

Real-Life Cases Highlighting the Misuse

Case 1: Atul Subhash Suicide Case (Bengaluru, 2024)

• Summary: Atul Subhash, a 34-year-old engineer, ended his life after facing relentless financial and emotional harassment by his estranged wife and her family. Despite fulfilling repeated financial demands, he faced constant threats under legal provisions like Section 85 of the Bharatiya Nyaya Sanhita (BNS), which replaced Section 498A of the IPC. His suicide note detailed his plight, sparking a nationwide debate on the misuse of legal protections.
• Key Insight: This case underscores the devastating mental and emotional toll that false accusations can have on men, emphasizing the need for balanced legal reforms.

Case 2: Tippanna Suicide Case

• Summary: Constable Tippanna, 33, faced harassment from his wife and her family, who allegedly extorted money under threats of false accusations. Unable to cope with the financial and emotional strain, he ended his life, leaving behind a grieving family.
• Key Insight: This highlights systemic loopholes that enable such exploitation, reinforcing the need for safeguards against false allegations.

Case 3: Maharashtra Woman’s Bail in Abetment Case (2024)

• Summary: Sujata W/O Sunil Palande and her family were accused of driving a man to suicide by extorting ₹10 lakh under threats of legal action. Despite her anticipatory bail due to a lack of evidence, the damage to the victim’s life was irreversible.
• Key Insight: False accusations not only ruin lives but also overburden the legal system, delaying justice for genuine victims.

Laws Governing Maintenance and Alimony

1. Hindu Law

Legal Basis: The Hindu Marriage Act, 1955, and the Hindu Adoption and Maintenance Act, 1956, govern the rights of a wife, child, and dependents to claim maintenance. Additionally, Section 144 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 provides an independent right for maintenance applicable to all religions, including Hindus.

• Sections Involved:

  • Hindu Marriage Act, 1955: Section 24 (Maintenance Pendente Lite), Section 25 (Permanent Alimony and Maintenance)

  • Hindu Adoption and Maintenance Act, 1956: Section 18 (Maintenance of Wife), Section 19 (Maintenance of Widowed Daughter-in-law), Section 20 (Maintenance of Children and Parents)

  • BNSS, 2023: Section 144 (Maintenance for Wife, Children, and Parents)

2. Muslim Law

Legal Basis: The Muslim Women (Protection of Rights on Divorce) Act, 1986 governs the maintenance rights of divorced Muslim women. Under this act, the husband must pay maintenance during the ‘iddat’ period, and in some cases, beyond it. After the ‘iddat’ period, if the woman has no financial means, her relatives or the Waqf Board must provide support.

• Sections Involved:

  • Muslim Women (Protection of Rights on Divorce) Act, 1986: Section 3 (Maintenance during Iddat) and Section 4 (Maintenance after Iddat)

  • BNSS,2023: Section 144 (Applicable to Muslim women following the landmark Shah Bano case)

3. Christian Law

Legal Basis: The Indian Divorce Act, 1869 governs the maintenance and alimony rights of Christian spouses. It provides for temporary and permanent alimony, ensuring financial support for the dependent spouse.

• Sections Involved:

  • Indian Divorce Act, 1869: Section 36 (Alimony Pendente Lite) and Section 37 (Permanent Alimony)

  • BNSS, 2023: Section 144 (Applicable to Christians as well)

4. Parsi Law

Legal Basis: The Parsi Marriage and Divorce Act, 1936 governs the rights of Parsi spouses to claim maintenance during and after divorce. The Act provides for alimony pendente lite and permanent alimony to the spouse who is financially dependent.

• Sections Involved:

  • Parsi Marriage and Divorce Act, 1936: Section 39 (Alimony Pendente Lite) and Section 40 (Permanent Alimony)

  • BNSS, 2023: Section 144 (Applicable to Parsis as well)

5. Jain Law

Legal Basis: Since Jains are governed by Hindu laws concerning marriage and maintenance, the Hindu Marriage Act, 1955, and Hindu Adoption and Maintenance Act, 1956, apply to them.

• Sections Involved:

  • Hindu Marriage Act, 1955: Section 24 (Maintenance Pendente Lite) and Section 25 (Permanent Alimony and Maintenance)

  • Hindu Adoption and Maintenance Act, 1956: Section 18 (Maintenance of Wife), Section 19 (Maintenance of Widowed Daughter-in-law), Section 20 (Maintenance of Children and Parents)

  • BNSS, 2023: Section 144 (Applicable to all persons, including Jains)

6. Special Marriage Act, 1954

Legal Basis: This Act governs the maintenance and alimony rights of couples married under secular laws. It allows for temporary and permanent maintenance for spouses undergoing divorce under the Special Marriage Act.

• • Sections Involved:

    • Special Marriage Act, 1954: Section 36 (Maintenance Pendente Lite) and Section 37 (Permanent Alimony and Maintenance)

    • BNSS, 2023: Section 144 (Applicable to couples married under the Act)

7. Misuse of Legal Provisions:

Legal provisions meant for the protection of women are sometimes misused as a tool to harass or extort husbands. False claims of domestic violence, dowry harassment, or exaggerated maintenance demands may be made to gain financial advantage or to settle personal scores. This misuse is observed in relation to alimony laws under Hindu Law, Muslim Law, Special Marriage Act, BNSS Section 144, and claims of cruelty under BNS Section 85.

Strategies Used to Exploit Maintenance and Alimony Provisions

1. Filing a Complaint: Allegations of cruelty or domestic violence are filed under BNS Section 85 or the Domestic Violence Act.
2. Initiating Divorce Proceedings: Divorce proceedings are initiated with interim maintenance claims, adding pressure on the husband.
3. Exaggerating Financial Needs: Claimants inflate their financial requirements while concealing personal income or assets.
4. Invoking Multiple Legal Provisions: By simultaneously using the Hindu Marriage Act and BNSS Section 144, claimants create a web of legal challenges.

5. The Sufferings of Husbands and Their Families

• Mental Trauma: Fear of false accusations causes anxiety, depression, and suicidal tendencies.
• Financial Loss: Husbands deplete their savings or sell assets to meet unjustified demands.
• Property Loss: Court orders may mandate property sharing or transfers, causing financial ruin.
• Social Stigma: False accusations tarnish reputations, affecting personal and professional lives.
• Family Impact: The stress affects the accused’s parents and siblings, straining family bonds.

Recent Developments in Alimony, Maintenance, and Abetment of Suicide Laws (Supreme Court’s Key Takeaways):

• Not Be Punitive: The Supreme Court ruled that alimony should not serve as punishment for the husband. Instead, it aims to ensure that the wife can maintain a dignified and reasonable standard of living.

• Key Factors for Deciding Alimony: The Court outlined essential factors for determining alimony, such as the couple’s standard of living during marriage, the financial status of both spouses, the wife’s employability, and the sacrifices made by the wife in her career.

• Preference for One-Time Settlement: To avoid prolonged litigation, the Court supports one-time settlements instead of continuous payments. In a recent case, a husband was ordered to pay ₹5 crore as a one-time settlement to his wife.

• No Right to Wealth Equalization: The Supreme Court ruled that a wife cannot claim alimony simply to equalize her wealth with that of her ex-husband. Maintenance is meant to support the wife’s dignity, not to match the ex-husband’s current financial status. For instance, in a significant case, the Court awarded a woman ₹12 crore instead of the ₹500 crore she sought.

• Harassment Alone is Not Abetment of Suicide: The Supreme Court ruled that mere harassment is not enough to hold someone guilty of abetting suicide under Section 306 of the IPC (108 of BNS). To establish abetment, there must be clear evidence of incitement or provocation to commit suicide, along with the presence of mens rea (intention to abet).

Growing Voices of Men Post Atul’s Case

The tragic case of Atul Subhash has become a symbol for men’s rights movements. Many men have started raising their voices about mental and emotional trauma resulting from misuse of women-centric laws. Campaigns on social media and legal forums have emerged, advocating for gender-neutral legal reforms. These voices aim for balance, not to undermine women’s struggles, but to achieve fairness for all.

The Need for Legal Reforms in the Protection of Women’s Rights

Women’s protection laws are important for fighting gender-based violence, but they are sometimes misused. To make sure justice is fair for everyone, we need the following reforms:

1. Equal Legal Protection for All Genders:
   Laws should protect everyone, regardless of gender, to ensure fairness in the legal system.

2. Punishing False Claims:
   People who make false accusations should face penalties to prevent abuse of the legal system and protect innocent individuals.

3. Careful Checking of Claims:
   Before charges are filed, claims should be thoroughly checked to avoid false accusations and make sure justice is based on real evidence.

4. Legalizing Pre-Nuptial Agreements:
   Pre-nuptial agreements should be recognized by law to help couples clearly agree on financial matters like maintenance and alimony, making divorce fairer.
   A pre-nuptial agreement is a legal contract made before marriage that outlines how assets, liabilities, and financial matters will be handled in case of divorce or separation.

Conclusion

The misuse of maintenance, alimony, and related laws affects men’s mental, financial, and social well-being. While the protection of women remains paramount, a balanced approach is needed to prevent exploitation of these laws. Legal reform, societal awareness, and accountability for false accusations are essential to restoring faith in the justice system. Achieving a gender-neutral legal framework is vital for upholding fairness and justice for all.