Domestic Violence Against Men in India: Legal Rights and Remedies

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Family Law

While domestic violence predominantly affects women — men also face marital cruelty, false criminal cases, and economic abuse. Furthermore, the misuse of laws like Section 498A IPC (dowry harassment) against innocent men and their families is a genuine and documented problem across India. Consequently, men facing either actual abuse or false criminal cases deserve clear legal guidance. Advocate Ganta Surya Kiran at 19 Law Chambers handles both the defence of men falsely accused of dowry and domestic violence offences — and provides guidance to men facing actual marital cruelty.

Men Facing False 498A Cases — Defence Strategy

Section 498A IPC is frequently misused in matrimonial disputes filing false cases of dowry harassment and cruelty as a tactical weapon in divorce and maintenance battles. Furthermore, the Supreme Court in Arnesh Kumar v. State of Bihar (2014) specifically flagged this misuse and directed police not to automatically arrest accused persons in 498A cases without following the Section 41 CrPC checklist. Consequently, innocent men and their families have stronger legal protections than before but must act immediately and decisively.

Step 1 — Anticipatory Bail — File Before Arrest: The moment you know a 498A complaint has been filed or fear one will be filed apply for anticipatory bail immediately. Specifically, file before the Sessions Court Visakhapatnam with evidence of the false nature of the allegations WhatsApp messages showing the wife’s aggressive conduct, witness statements, and any documentary evidence contradicting the allegations. Moreover, courts regularly grant anticipatory bail in 498A cases where the allegations appear motivated by matrimonial disputes rather than genuine dowry demands. Read: Anticipatory Bail India.

Step 2 — FIR Quashing — File Before High Court: If the 498A FIR has been registered file a petition before the High Court of Andhra Pradesh to quash the FIR under Section 482 CrPC. Specifically, the Supreme Court has consistently held that 498A FIRs filed as part of matrimonial disputes particularly when parties are seeking settlement — can be quashed in the High Court’s interest of justice jurisdiction. Moreover, attach: evidence of the matrimonial dispute background, any settlement negotiations that were underway, the speculative and unspecific nature of the allegations, and conduct of the wife before the complaint that shows motivated filing. Read: FIR Quashing Petition High Court AP.

Step 3 — File Counter Cases: If the wife has committed any criminal act file appropriate counter-cases. Specifically: Section 406 IPC (criminal breach of trust) if she has taken valuable property and refused to return it, Section 500 IPC (defamation) for false and defamatory allegations made to third parties, Section 182 IPC (false information to public servant) for filing a false complaint, and Section 354D IPC (stalking) if she is pursuing harassment. Consequently, counter-cases create legal pressure and demonstrate that the relationship was not one-sided.

Step 4 — File for Maintenance Modification: If a maintenance order has been obtained through misrepresentation of facts file an application for modification or revocation of the maintenance order based on: the wife’s actual income if she is employed, the false nature of allegations that led to the maintenance order, and any changed circumstances. Read: Divorce Maintenance Calculation India.

Men Facing Actual Domestic Violence — Limited But Existing Remedies

While the DV Act 2005 specifically covers women — men facing domestic violence have limited legal remedies. Specifically, men can use:

Section 498A Does Not Apply — But IPC Sections Do: While Section 498A IPC specifically covers cruelty to wives sections covering general criminal acts apply equally regardless of gender. Specifically, a wife who physically assaults her husband commits offences under Sections 323 (causing hurt) and 324 IPC. Furthermore, a wife who makes false accusations to extract money commits cheating and criminal intimidation. Consequently, file FIRs under these general criminal provisions.

Civil Suit for Damages: File a civil suit for damages against a wife who has caused documented physical, financial, or reputational harm. Moreover, civil suits for mental cruelty and intentional infliction of emotional distress are emerging in Indian courts. Consequently, document all instances of abuse — including medical records of injuries for the civil suit.

Divorce on Grounds of Cruelty: File for contested divorce citing the wife’s cruelty as grounds under Section 13(1)(ia) of the Hindu Marriage Act. Furthermore, present evidence of both physical and mental cruelty — a pattern of abusive conduct, false accusations to family and employers, and documented harassment. Consequently, courts grant divorces on cruelty grounds without requiring criminal conviction. Read: Divorce Procedure India.

Frequently Asked Questions

Q: My wife filed a 498A case against me and my parents. My parents are elderly and not involved in the matrimonial dispute. Can I protect them?
Yes — file separate anticipatory bail applications for your parents immediately. Furthermore, simultaneously file an FIR quashing petition before the High Court of AP highlighting the absence of any specific, substantive allegations against your parents. Specifically, the Supreme Court in Social Action Forum v. Union of India has directed that relatives should not be automatically added as accused in 498A cases without specific individual allegations. Consequently, your parents have strong grounds for protection if the allegations against them are vague or omnibus.

Q: Can a man claim maintenance from his wife after divorce?
Under Section 24 HMA either spouse can claim maintenance during divorce proceedings if they lack independent income. Furthermore, a few courts have awarded maintenance to unemployed or disabled husbands in specific circumstances. However, this is rare and depends heavily on the specific financial circumstances of both parties. Read: Divorce Property Division India.

Q: My wife is hiding assets while claiming she has no income and demanding large maintenance. What can I do?
File an application for discovery of assets compelling full financial disclosure including bank statements, tax returns, and investment records. Furthermore, present evidence of her actual lifestyle social media evidence of travel and purchases inconsistent with claimed poverty. Moreover, engage a forensic accountant if necessary to trace concealed income. Consequently, courts draw negative inferences against parties who conceal financial information. Free legal aid: NALSA — nalsa.gov.in | Free Legal Aid in AP.

Also read: Section 498A Dowry Harassment | Mutual Consent Divorce India | Best Divorce Lawyers Vizag

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