Husbands can file a counterclaim or seek relief under laws related to malicious prosecution or mental harassment. A petition for quashing of false cases or misuse of legal provisions can be filed under Section 528 of the BNSS in the High Court.
If a husband believes that his wife is harassing him legally while demanding maintenance, Indian law provides certain remedies and legal defenses to protect his rights. It is important to note that while laws such as Section 144 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and provisions under personal laws are enacted to protect women from financial hardship, they are also subject to judicial scrutiny to ensure that such rights are not misused for harassment or malafide purposes.
This guide details legal options available to the husband in cases where he faces harassment due to false allegations, abuse of the law, or unreasonable maintenance demands.
1. Understanding Legal Harassment in Maintenance Cases
Legal harassment typically occurs when:
- The wife files multiple cases or complaints to pressurize the husband.
- False allegations such as cruelty, dowry demands, or domestic violence are used as tools to harass the husband.
- The wife demands unreasonable maintenance despite being financially independent.
- Maintenance claims are filed in multiple courts or in bad faith.
Husbands have the legal right to defend themselves against such harassment and misuse of the law.
2. Legal Defenses for the Husband in Maintenance Cases
(a) Prove the Wife’s Financial Independence
The husband can present evidence to prove that the wife has her own income or sufficient means of financial support. Courts have ruled that a wife who is financially independent or capable of earning may not be entitled to maintenance.
- Evidence that can be submitted:
- Salary slips or bank statements of the wife.
- Proof of her employment (official letters, job records, business filings).
- Witnesses or testimonies proving her work.
In Mamta Jaiswal v. Rajesh Jaiswal (2000), the Madhya Pradesh High Court observed that an educated and capable wife should not be a burden on her husband.
(b) Challenge False or Exaggerated Claims
If the wife has filed exaggerated or false claims about the husband’s income to secure higher maintenance, the husband can dispute such claims.
- Actions the husband can take:
- Submit his actual income proof (e.g., income tax returns, bank statements, salary certificates).
- Disprove false or exaggerated claims through financial documentation.
- Provide evidence of liabilities like loans, dependents, or living expenses.
Judicial Support:
The courts have repeatedly emphasized that the maintenance amount should be fair, based on the husband’s actual earnings and his capacity to pay.
(c) Counter False Allegations Under DV Act or BNS
If the wife has filed false allegations, such as domestic violence or dowry harassment (Section 85 BNS), the husband can defend himself:
- File a Countercase for Misuse of Law:
- File a counter-complaint against the wife for harassment, mental cruelty, and abuse of legal provisions.
- Courts have penalized individuals for false cases.
In Kansraj v. State of Punjab (2000), the Supreme Court stated that exaggerated allegations of cruelty against the husband and his family can amount to abuse of the process of law. - Seek Quashing of False FIR (Section 528 BNSS):
- The husband can approach the High Court to quash a false or frivolous FIR filed against him or his family.
- File for Compensation or Damages:
Under Section 395 BNSS or other civil provisions, the husband may seek damages for mental agony and harassment caused due to malicious prosecution.
(d) Seek Exemption from Maintenance Due to Wife’s Conduct (Desertion or Adultery)
If the wife has harassed the husband by leaving the matrimonial home without valid cause (desertion) or engaged in adultery, she may lose her right to claim maintenance.
- The husband must prove:
- That the wife deserted him without valid reason.
- That she is living with another man or engaged in adulterous conduct.
Legal Reference:
Under Section 144(4) BNSS, a wife who:
- Has deserted her husband without valid reason, or
- Is living in adultery,
is not entitled to maintenance.
(e) File for Restitution of Conjugal Rights
Under Section 9 of the Hindu Marriage Act, 1955, if the wife has unjustifiably abandoned the husband, he can file a petition for Restitution of Conjugal Rights.
- If the wife refuses to return to the matrimonial home despite the court’s order, her demand for maintenance may be weakened.
(f) Seek Modification or Cancellation of Maintenance Order
If circumstances change after the court has ordered maintenance, the husband can file for modification or cancellation under Section 146 BNSS.
- Grounds include:
- Wife is now earning or financially stable.
- Husband’s income has reduced significantly or he is unemployed.
- Wife has remarried or is living in adultery.
3. Steps the Husband Can Take if Harassed
- Gather Documentary Evidence:
- Proof of wife’s financial independence.
- Records disproving false allegations.
- Consult a Lawyer:
- Engage an experienced lawyer to defend against maintenance claims or harassment cases.
- File Countercases:
- File a complaint for misuse of laws.
- Approach the High Court for quashing of false FIRs.
- Stay Calm and Composed:
- Avoid confrontations, and let the legal system take its course. Legal harassment cases are sensitive, and emotional outbursts can harm the husband’s defense.
4. Important Case Laws to Protect Husbands
- Lalita Toppo v. State of Jharkhand (2018):
The court ruled that maintenance must be fair and cannot be used to harass the husband. - Ashish Dixit v. State of UP (2013):
The Supreme Court recognized that false complaints and misuse of laws like Section 498A amount to mental cruelty. - Bipinchandra Jaisinghbai Shah v. Prabhavati (1956):
The court held that unjustified desertion by the wife weakens her maintenance claim.
5. What Should a Husband Avoid?
- Neglecting Court Orders:
Ignoring court proceedings or defaulting on maintenance payments can lead to arrest or attachment of property. - Taking Extreme Measures:
Avoid threats, intimidation, or coercion against the wife, as such actions can backfire legally. - False Countersuits:
Do not file false countersuits, as they can damage your credibility before the court.
FAQs
Q1. What can a husband do if the wife files multiple false cases while demanding maintenance?
The husband can file for quashing of false cases under Section 528 BNSS and claim damages for malicious prosecution.
Q2. Can a husband refuse maintenance if the wife is working?
Yes, a husband can produce evidence of the wife’s income to argue against maintenance. Financial independence of the wife is a valid defense.
Q3. Can a husband be exempt from maintenance if the wife deserted him without reason?
Yes, under Section 144(4) BNSS, the husband can deny maintenance if the wife abandoned him without justifiable cause.
Q4. What if the wife continues harassment even after court orders?
The husband can approach the court for relief, including contempt proceedings for disobedience of court orders.
Conclusion
If a husband is being harassed legally while facing maintenance claims, he has multiple legal remedies at his disposal. By presenting evidence of the wife’s conduct, income, or bad faith, and challenging false claims, he can protect himself from misuse of the law. Indian courts are vigilant in preventing harassment or injustice to either party and ensure a fair and balanced approach to maintenance cases.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304