DEFENSES BY HUSBAND IN MATRIMONIAL CASES

As we are already aware that due to the presence of Pro Women Laws in our country women are being benefited in some or the other way. The legislator intent behind enacting the laws which are bent in favour of the women was to ensure EQUIV STATUS of both men and woman. It has been rampantly seen that the law is being misused as a tool to extract money from the husband, who may be actually innocent with no-fault.

In this blog, we're trying to suggest what possible defenses' can be taken, while you are defending a case filed against you by your wife.

Before proceeding with the Defenses, the cases which women generally file are:-

• The case under Section 125 Code of Criminal Procedure for maintenance
• The case under Section 13 Hindu Marriage Act for Divorce
• The case under Section 12 of the Domestic Violence Act for Domestic Violence 
• The case under Section 498 A/ 406 India Penal Code for harassment.

In all the above-stated cases women may seek following reliefs from the court of law i.e. 

• Maintenance (per month or lump sum) from husband
• Protection from husband
• Residential accommodation from husband (shared or separate accommodation)
• The husband can be jailed for non-compliance of the maintenance order.
• Husband and his relatives can be jailed for causing cruelty upon the wife.
• The court may grant a decree of Divorce to wife 
• Compensation

Now, from the perusal of the law and precedents reported in the Law journals, one may easily conceive in his mind that despite the fact that the law is a pro-women legislation which is bent in favour of the women but the fact that the women are employed and working and the suppression of the same ended up in getting her favourable order SET ASIDE by a superior court. 

Suppression of Job/ Earning

Therefore, the suppression of the fact by the women, that the women is working or earning, itself can be a great defense for any husband to avoid maintenance.

Denial to live with the husband

It is a good defense in a case of husband if the wife tells the court that she is herself not willing to live with her husband. 

Extra-Marital Affair/ Adultery

If your wife is having an extramarital affair and you have strong pieces of evidence for the same, then it is a strong defense against her case in the court of law. Generally, detectives are hired to gather information of such nature, but be cautious that you hire a certified detective so that his testimony can be used in the court of law. It is also to be noted that several clients come to me with some photographs of their wife hugging her friend or holding a hand, but trust me that kind of photographs marginally works and have no effect.

Desertion

Desertion means the rejection by one party of all the obligations of marriage-. Therefore, if women desert her husband without a reasonable cause for two years or more, then it is a ground of divorce and a defense in the case to shy away from liabilities if a wife files a case.

Venereal Disease

I have come across several cases where, husband complaints of health problem in his wife be it Cancer, Diabetes, Lungs problem etc. But a defense for a husband in a case filed by wife will be the existence of Communicable disease  Sexually transmitted diseases (STD) now referred to as sexually transmitted infections (STI) and Venereal Diseases (VD) 

Renunciation

In recent times, such type of case have attained gravity and it is a good defense that you have enunciated the world and has entered a holy order. 

Cruelty

The concept of cruelty includes both mental and physical cruelty. I have come across a huge number of cases where the wife is pushing hard her husband to leave his parents and reside in the nuclear family, this is cruelty. Moreover, cruelty should be such that the life of the husband should be made a living hell. Generally, the cases which are brought before the courts by the wife are based solely on the ground of Cruelty and fake allegations and assertions are made in the petition, some of which are also the result of the poor legal guidance given to the wife by her counsel. Trust me, in most of the petitions it is impossible to prove cruelty by the wife against the husband and she fails in her cases. Therefore, when you are having a case filed by your wife, then counter all the allegations specifically and super focus on the parts which you feel are really created, manipulated or fabricate by her.

Hence, the above stated are the defenses which a husband can take in the matrimonial cases. Moreover, the defenses are a subject matter of each independent case which can be advised by a lawyer after gathering the brief in the case.

Detailed Affidavit

In recent times, a remarkable change has been set forth regarding giving of the detailed affidavit in the court by both the husband and wife. Being a husband, you should insist that your wife also files a detailed affidavit in the court, and it is your duty to see that no false information is given by her in the same and if so, bring the matter into the notice of the Court.

Attach proofs as soon as you get them

Family court in India is governed by a special law and the sole objective of such courts is to reconcile your matrimonial disputes. So these courts are not the typical type of courts which are aimed to decision and pronouncement of a judgment. Hence, in these type of courts, you should bring the reality to the earliest before the court and should not wait for a stage of Evidence or Cross etc. As soon as you have some relevant information or fact or photo or video or audio etc.in your favour, you should immediately file the same before the court in which your case is pending.

It is highly advised that you take the opinion of a legal specialist who is expert in this area of matrimonial laws to get relief.

For further information and advice contact us: