FAQ – Police Harassment & Men’s Rights

Whatever we knew about gender-based violence and oppression came only from what mainstream media, textbooks, Bollywood, and activist campaigns wanted us to believe. Stories about men being harassed, abused, or even killed were almost never told. The truth was buried under layers of propaganda.

Today, the rise of social media has changed that. Incidents of men’s harassment, abuse by women, and even cases where women have killed their husbands or abused senior citizens are now reaching the public eye—uncensored, unfiltered, and undeniable. But make no mistake—these incidents didn’t suddenly start happening. They have always existed. The difference is that now we have platforms where the truth can bypass the traditional gatekeepers.

The Myth of “Thousands of Years of Oppression”

One of the biggest lies ever sold to society is the feminist narrative that women have been oppressed for thousands of years. This claim has been repeated so often that it has been accepted as unquestionable truth. In reality, our cultural history tells a different story—one where women held a respected, even sacred place in the family and society.

Feminist activists have weaponized this myth to justify gender-biased laws, dismantle traditional family structures, and paint men as the villains of history. Over the last 70–80 years, this narrative has been carefully cultivated in schools, in the media, and even in government policies.

The Role of Bollywood in Male Demonization

Cinema has always been a powerful tool for shaping public opinion. For decades, Bollywood has churned out movies where men are portrayed as violent, cruel, and morally corrupt—while women are shown as eternal victims. These stories have seeped into our subconscious, influencing how society views men.

The result? A society that is quick to believe the worst about men and dismiss their suffering.

The Cost of Propaganda: A Broken Family System

The family system that sustained Indian society for thousands of years has been systematically weakened.

• False narratives have created mistrust between men and women.
• Laws have been skewed to favor women, often without safeguards against misuse.
• Social attitudes have shifted to assume men are guilty until proven innocent.

The damage is visible—rising divorce rates, fatherless children, and increasing cases of depression and suicide among men.

The Truth Is Finally Out

Social media has given men a voice. Incidents that would have been buried in the past are now being discussed openly. People are questioning the old narratives and asking—why were we never told these stories before? Why was the suffering of men ignored?

The fight for truth is not about hating women—it’s about demanding fairness, equality, and an end to the propaganda that has fueled gender-based injustice for decades.

Finally:

The “men are monsters, women are victims” narrative is crumbling under the weight of reality. Thanks to social media, the truth about men’s harassment is finally coming to light. But this is only the beginning—if we want a society based on fairness, we must challenge false narratives, demand gender-neutral laws, and rebuild the trust that has been eroded over generations.

This post highlights how laws are being weaponized to break families, aiming to raise awareness.

In the name of development and equality, a slow but deliberate changes in phase manner has been waged—not against crime, but against the foundation of families and society.

Every new law added to the legal arsenal erodes affection, trust, togetherness and solidarity.

Kumar S Ratan, Men’s and Child right activist, founder of Men Helpline

Our lawmakers, celebrated as the architects of justice, have instead emerged as the geniuses of havoc, crafting a legacy of chaos through crude, one-sided laws.

“The law was focused on criminalizing the families, than strengthening the family.”, Kumar S Ratan, Founder of Men Helpline

Timeline of Legal Play

1955 – Hindu Marriage Act

The act turned a sacred bond into a legal contract open to exploitation. The intention of the Act is to ensure the rights of women by having provisions of divorce, rights of maintenance to women, it was built on the misconception that men held all power. It presumed that men often abandoned their wives, leaving them homeless and dependent, thus mandating maintenance without assessing individual situations. The law ignores the responsibilities of the wife and her family, creating an imbalance.

While the act is called progressive step towards gender equality, legal clarity, and social reform but the fact is that the law is destructive and biased.

1961 – Dowry Prohibition Act

The law criminalized the giving and taking of dowry but treated gifts to the bride as her rights. While the intention was to curb the gift to husband (called as dowry), in practice, the law became a trap for grooms and their families. It created an environment of fear, where false cases were often used as tools of revenge or to fulfill unjust demands. The law, though well-meaning, lacked safeguards against misuse, leading to harassment of innocent families.

1983 – IPC 498A/ BNS 85

The law presumed husbands and their families guilty based solely on a wife’s accusation. Before the Supreme Court’s Arnesh Kumar guidelines, entire families—even minors as young as 3–4 years—were jailed on mere allegations. It became a tool to demolish the Joint Family traditions as the criminalizes in-laws (husband and kins), but living separately couldn’t shield relatives from being named as accused in a matrimonial dispute.

2005 – Domestic Violence Act (DV Act)

Surprisingly, DV Act includes a “right to residence” clause, allowing a woman to claim residence in the very household where she alleges harassment. This effectively enables her to return and legally confront the accused. So this clearly demonstrate that law sending women to husband house to harass husband legally.

A law that gave rights to one gender while turning husbands into legally defenseless entities. Protection for women morphed into persecution of men.

2013 – Nirbhaya Act

The 2013 Nirbhaya Act, born from rare public outrage, intensified gender bias in law. Presumptions replaced evidence, and empathy was reserved solely for women. Around 15 new laws was introduced, without having provisions of safeguards against misuse. The first known victim of false accusation was dubbed “Dilli Ka Darinda” by the media. After a 4-year legal battle, he was found innocent—but by then, he had lost his job, reputation, and dignity, with media pressuring him to confess on camera.

2023 – Bharatiya Nyaya Sanhita (BNS) Section 69

A fresh Left-Feminist blande, with its broad definitions and one-sided applications, it undermines trust in relationships by criminalizing men in live-in and consensual arrangements. The provision blurs the line between genuine abuse and consensual intimacy, making men vulnerable to legal action based solely on retrospective claims, further deepening gender bias in law.

Judicial Shifts Eroding Moral Foundations

The legal system didn’t stop at enacting biased laws but you can see its influence in judicial decisions. A society and family if lost its moral ground and values, only law can’t rebuild them in longer run. despite this, the situation of society has become that we call it “land of law” where moral and ethical grounds has been discarded.

The legal system didn’t stop at enacting biased; its influence is now deeply visible in judicial decisions as well. When a society and its families lose their moral foundation and values, no law—no matter how strict—can rebuild that fabric in the long run. Yet, we find ourselves in a situation where the nation is being called a “land of law,” while moral and ethical principles are discarded.

Judicial Interpretations That Dismantled Marital Trust

• 2016 – Adultery Decriminalized – Betrayal no longer a crime—trust in marriage quietly fades.
• 2020 – Illegitimacy Legitimized – The sanctity of marriage questioned as parental legitimacy is redefined.
• 2022 – Wife body is not husband’s property- weakened the already fragile trust in marital relationships.
• 2023 – Men’s Commission Denied – Supreme Court dismisses the need, reducing rising male suicides to a “forum” of choice.
• 2024 – Husband Held Liable for Wife’s Affair – A shocking ruling: the man must accept legal fatherhood for a child not his own.
• 2025 – 498A & BNS 85 Misuse Called “Spicy News” – Courts trivialize men’s harassment, turning pain into a headline.

Shouldn’t be a Masterpiece of Spite

Together, it seems, these laws and their interpretations constitute a masterpiece not of justice, but of malice.The presumption of innocence is denied to husbands. Emotional blackmail has found legal validation and mediation in family dispute encouraging such practice.

This is not protection. This is programmed destruction.

Disclaimer: The views expressed in this blog are personal opinions based on publicly available legal developments and social observations. This content is not intended to provide legal advice or target any individual, group, or institution. Readers are encouraged to consult qualified legal professionals for specific legal concerns.

In a shocking Meerut murder has shocked the Nation. The recent brutal murder of a husband in Meerut has once again highlighted a harsh reality which society refuses to acknowledge—men too are victims of heinous crimes within their own homes.

The case, where a woman Muskan Rastogi, brutally murdered her husband Saurabh Rajput, dismembered his body into 15 pieces, and attempted to dispose of the remains by freezing with cement in a drum, is nothing short of horrifying. This crime brings to light the deep-seated gender biases that plague our legal and social systems, where crimes against men are often overlooked, trivialized, or even justified.

“Men are 100 percent unreported victim”, Kumar S Ratan, a men’s and child rights activist

The Bias in Domestic Crime Narratives

Had the roles been reversed, this case would have sparked nationwide outrage, protests, and debates on female victimhood. Yet, because the victim was a man, the media’s response has been muted. Society has been conditioned to view women as perpetual victims and men as perpetrators, even when evidence suggests otherwise. The narrative that men cannot be victims of domestic violence or brutal crimes at the hands of their wives is not only misleading but dangerous.

“only a few cases came to light, while most remained unearthed”, Kumar S Ratan, a men’s and child rights activist

Cases Where Men have been Subjected to Violence

This is not the only incident. Across the country, there have been numerous cases where men have been subjected to violence, mental abuse, and false allegations, only for their plight to be dismissed by law enforcement and society at large. The notion that men are always in control and women are always vulnerable has created a lopsided legal framework that fails to protect male victims.

Legal System’s Indifference Towards Men

One of the biggest concerns arising from this case is the continued ignorance of lawmakers regarding male victims of domestic violence. While there are multiple laws protecting women from abuse, there is an absolute lack of legal provisions to safeguard men facing similar violence. The Domestic Violence Act, for example, provides protection exclusively to women, leaving men completely vulnerable in abusive relationships.

Even when cases of extreme violence against men come to light, the legal proceedings often lack the urgency and empathy shown in cases where women are victims. The slow response and lack of support for male victims further embolden abusers who know that they can escape with minimal consequences.

Legal Reform and Societal Change

The continued violance with men, the Meerut murder case should serve as a wake-up call for policymakers and society alike. It is high time that laws are amended to recognize and address crimes against men with the same seriousness as those against women. Men must have access to legal protections, support systems, and a societal acknowledgment of their victimhood without stigma.

Our Demand

• Recognizing Male Victimhood
• Legal Amendments and Gender-Neutral laws
• Helplines and Support Groups for Men
• Police Sensitization to treat cases of violence against men

Our Social media Post

Men Helpline organization is dedicated to supporting men in distress, particularly those falsely accused in dowry harassment or rape cases, while simultaneously advocating for systemic changes that will strengthen and save the Indian family as a whole.

We recognize the crucial role men play within this structure and understand the unique struggles they face.

“law only empowers BAHU in family, which has disrupted the very essence of family“, Kumar S Ratan, Founder of Men Helpline

We believe that a balanced and just legal framework is essential for the well-being of all family members and harmony of family dynamics.

Our Approach

The Men Helpline is working to protect and strengthening the Great Indian family traditions, which has long been the core of a stable society. The increasing misuse of gender-biased laws and the erosion of traditional family values have led to a crisis where men are unfairly targeted, children suffer due to broken families, and society as a whole faces instability.

Men Helpline mission is to fight for justice, advocate for fair laws, and support families in distress.

We offer a confidential helpline, legal guidance, and empower men with knowledge of their rights. We advocate for gender-neutral laws, raising men’s voices on various platforms, meeting with legislators. We strive to create a just society where families thrive and men are treated fairly.

The Save Indian Family Movement

Men Helpline is part of the broader Save Indian Family Movement, which unites activists, legal experts, and affected individuals to demand reforms in family laws. This movement is committed to:

• Ending gender discrimination in family laws
• Fighting against false allegations that break families
• Ensuring that children are not used as weapons in custody battles
• Promoting policies that strengthen the Indian family system

Join Us in Saving the Indian Family

We invite individuals, activists, and organizations to support our mission. Whether you are a victim of legal harassment, a concerned parent, or a well-wisher of family values, your participation can make a difference.

Reach us at

Email us: menhelpline.official@gmail.com

We call to end the blame game in divorce proceeding by promoting the amicable solutions.

The current practice in divorce fuels cycle of blame on each other during proceedings. Such practice of law and legal system has completely denied the concept of “end of marriage with dignity”, however the model should have prioritized amicable separations and no-fault divorce but it promotes fosters a bitter and lifelong battle.

The existing divorce model follows a fault-based grounds such as adultery, desertion, or cruelty which requires trial to prove the allegation which essentially leads to prolonged and acrimonious legal battles that inflict immense emotional and financial distress, particularly on men and children. When young individuals are entangled in contentious legal disputes over failed relationships, it affects their personal development and lead to depression, ultimately affecting the nation’s growth.

“The divorce model, instead of promoting the amicable separations, the current system incentivizes blame games and encourages a culture of litigation which not only exacerbates existing tensions but also creates significant barriers to healing and moving forward.”, Kumar S Ratan Men’s and Child Rights Activist

This fault-based divorces typically run for average 4-6 years, often starting with criminal cases like “Dowry Harassment” against men. These cases are followed by multiple mediation sessions, frequently dominated by financial settlements. Such practices further erode the dignity of marriage dissolution and perpetuate a cycle of conflict.

The Proposed Models:

• No-Fault Divorce: to shift towards a no-fault divorce system, where the irretrievable breakdown of a marriage (IRBM) is sufficient grounds for separation, would allow couples to end their relationships with dignity and minimize the trauma associated with the process. This approach would prioritize the well-being of all parties involved, particularly children, by facilitating smoother transitions and reducing the potential for prolonged conflict.

• Prenuptial Agreements: Recognizing the evolving nature of modern relationships, the legal framework should accommodate Prenuptial Agreements. These agreements can help couples establish clear expectations regarding finances, assets, and responsibilities before marriage, reducing the potential for disputes during divorce proceedings.

Highlighting the Plight of Parents:

The current system often leaves parents, particularly fathers, feeling alienated from their children. Cases like that of Atul Subhas, who did not have the access to his child since the age of three months of the kid, and Alok Mittal case, who has only seen his child for a brief period 9-days, are tragically common. These heartbreaking situations highlight the urgent need for reforms that prioritize the best interests of children and ensure that both parents have meaningful roles in their lives.

Call to Action:

Lawmakers must recognize the limitations of the current divorce laws and take immediate steps to modernize the system. This includes:

• Introducing a no-fault divorce ground.
• Prioritizing the best interests of children in all divorce proceedings.
• Implementing measures to facilitate amicable settlements and reduce the need for lengthy court battles.
• Ensuring Joint parental rights and responsibilities.
• Recognizing and upholding the validity of Prenuptial Agreements.

By these reforms, India can create a divorce system that is more just, compassionate, and better equipped to support families in navigating the complexities of separation.

This post aim to explain the procedure of divorce in India under the Hindu Marriage Act in a question-and-answer FAQ format to make it easier to understand.

It takes several years to get a divorce because India has no provision for prenuptial agreements and does not recognize no-fault divorce. Hence, the only options available for parties that they either move with mutually agreed conditions to a divorce or to file for divorce based on the other’s fault and contest it.

1. Different Divorce Model

There are essentially 2 model, Fault -based and no-fault divorce model, but India has only concept of fault-based divorce model. Let’s see the comparison chart.

2. Types of Divorce

2.1 Mutual Consent Divorce :

When both parties agrees to separate and file the divorce application jointly. Below are the law related to mutual consented divorce:

-> Section 13(b) of Hindu Marriage Act, 1955
-> Section 28 Special Marriage Act, 1954
-> Section 32(B) of Parsi Marriage and Divorce Act, 1936
-> Section 10A of Indian Divorce Act, 1869 (for Christians)

2.2 Contested Divorce or Fault-Based Divorce

When One spouse seeks a divorce but other party is not interested.

So a contested divorce can be filed under on the grounds of cruelty, desertion, adultery, mental disorder and for other reasons. The different laws which deals are:

-> Section 13(1) & 13(2) of Hindu Marriage Act, 1955
-> Section 27 of Special Marriage Act, 1954
-> Sections 30 & 32 of Parsi Marriage and Divorce Act, 1936
-> Sections 10 & 11 of Indian Divorce Act, 1869 (for Christians)

2.3 Customary Divorce

Customary divorce rarely used, which is recognized under personal laws for certain communities, provided that the customs are well-established and recognized by courts.

Section 29(2) of the Hindu Marriage Act, 1955 protects the validity of customary divorces. Tribes, some rural communities, and specific religious groups follow their own customary divorce practices.

Q: Which type of divorce is faster?

A: Mutual consent divorces are granted in six months, making them faster than contested divorces.

Q: Why do contested divorces take a long time?

A: Contested divorces are based on the fault-based principle, meaning the applicant must prove the allegations. This requires an extensive trial process, which can take several years.

Q: What is an annulment of marriage?

A: An annulment declares a marriage legally void, but it is only possible if specific criteria are met and the petition is filed within one year of marriage.

• Section 10 of the Hindu Marriage Act deals with judicial separation, which allows spouses to live apart without dissolving the marriage. This is different from annulment. Something like child marriage is not allowed.
• Section 11 of the Hindu Marriage Act deals with void marriages, such as cases where a person is already married and has not obtained a divorce, or where the marriage violates prohibited relationships (e.g., sibling-like relationships as per customs).
• Section 12 of the Hindu Marriage Act deals with voidable marriages, where the validity of marriage is in question—such as cases involving fraud, coercion, unsound mind, or lack of valid consent. If no petition is filed within one year, the marriage is treated as valid. Something like marriying a person who is in a state of unsound mind like drugged.

3. Grounds for filing a contested divorce, Fault based divorce

Grounds for contested divorce

A man can seek divorce under various grounds, including:

• Cruelty: physical or mental harassment by the wife.
• Adultery: wife having an extramarital affair.
• Desertion: wife leaving without reasonable cause for a reasonable period.
• Mental Disorder: if the wife suffers from an critical mental illness which shows are incompetency to manage family responsibilty.
• Conversion: if the wife converts to another religion.
• Venereal Disease: if the wife suffers from an incurable contagious disease.

Q: What are the grounds for filing a contested divorce under the Hindu Marriage Act?

A: Common grounds include cruelty, desertion, adultery, conversion, mental disorder, and other legally recognized reasons.

Q: Since the adultery law has been nullified, is adultery still a ground for divorce in India?

A: Yes, adultery remains a ground for divorce under personal laws. The Supreme Court has clarified in various rulings that while adultery is no longer a criminal offense, it can still be a valid reason for seeking divorce.

Q: What constitutes cruelty as a ground for divorce?

A: Cruelty can be physical or mental and includes actions that cause significant distress, harassment, or harm to the spouse.

Q: What is desertion, and how does it apply to divorce?

A: Desertion occurs when one spouse abandons the other without reasonable cause for a legally specified period (typically two years under the Hindu Marriage Act).

Q: Can I get a divorce based on the Irretrievable Breakdown of Marriage (IRBM) law?

A: While Irretrievable Breakdown of Marriage can be grounds for divorce, it is not yet codified into law for lower courts to grant divorce on this basis. Currently, only the Supreme Court of India has the power to grant divorce on this ground, and the process can take 15-20 years in most cases.

4. How to File for Divorce in India

Q: Where do I file for divorce in India?

A: A divorce application can be filed only in the Family Court having jurisdiction over the marriage or residence of the spouses.

Q: What documents are required for a divorce petition?

A: Yes, essential documents includes:

• Proof of marriage (wedding invitation, photographs, or marriage certificate)
• Photographs of the couple
• Marriage certificate (if available)
• Address proof of both spouses
• Evidence supporting the grounds for divorce (e.g., messages, emails, medical reports, witness statements)

Q: How long does the divorce process typically take in India?

A: Mutual consent divorce: Typically takes a minimum of six months. While the Contested divorce (fault-based) can take several years due to legal proceedings and court trials.

Q: Is there a waiting period in a mutual consent divorce?

A: Yes, a mutual consent divorce involves three motions of hearing to allow time for settlement, ensure compliance with conditions like payment of permanent alimony, and finalize the case closure.

Q: Can the mandatory waiting period of one year in a mutual consent divorce be waived?

A: The Supreme Court has issued guidelines for waiving the waiting period in exceptional circumstances. However, this waiver is granted rarely and is subject to the court’s discretion.

Q: Do I need a lawyer to get a divorce?

A: While it is not legally mandatory, it is highly recommended to have a lawyer for legal representation and guidance.

Q: Can divorce be filed online?

A: No, divorce cannot be filed online. Both spouses must appear before the court to file the divorce petition and complete the necessary legal proceedings.

5. Can a husband avoid paying alimony?

Alimony is determined based on multiple factors, including:

• The financial status of both spouses
• The earning capacity of the wife (should be, but generally not considered)
• The duration of the marriage (should be, but generally not considered)
• The presence of children

A husband can contest alimony if:

• The wife is financially independent
• The wife has deliberately left her job to claim maintenance
• There is proof of misuse of maintenance laws

6. What legal rights do men have during divorce?

Men have several legal rights, including:

• The right to contest false allegations and demand proof
• The right to claim shared assets and property acquired during marriage
• The right to seek child custody
• The right to appeal in higher courts

7. How can men protect themselves before and during divorce proceedings?

To safeguard their interests, men should:

• Keep records of all communications and financial transactions
• Avoid impulsive actions that could be used against you in court
• Seek legal advice early and consult any Men’s Rights Group and lawyer
• Engage in mediation before opting for litigation
• File counter-cases if facing false allegations

8. Important Questions

Q: How much does a divorce cost in India?

A: The cost of a divorce in India depends on several factors:

• Alimony to wife in Mutual consent divorce: it depends on agreement between parties.
• Alimony to wife in Contested divorce: it depends on husband earnings, in general 5-10 year of husband’s income.
• Lawyer’s fees: Can range from ₹30,000 to several lakhs, depending on experience and complexity.
• Court fees and paperwork: Usually minimal but varies by state.

Q: Can a NRI file for divorce in India?

A: Yes if married wit Indian woman.

Q: Is a divorce obtained in another country valid in India?

A divorce granted in another country may or may not be recognized in India, depending on the circumstances:

Recognized in India if, the divorce is based on mutual consent and follows the principles of natural justice.

Not recognized in India if, The divorce was granted ex parte (i.e., one spouse was not present or did not contest). or if it violates Indian laws or public policy (e.g., if granted on grounds not recognized under Indian law) or violates other certain laws.

Legal Consideration:

• If the foreign divorce is not recognized, the couple is still legally married in India.
• A fresh divorce petition may be required to be filed in Indian court under Indian law.
• Consulting a family law expert is recommended before relying on a foreign divorce decree.

Divorce laws in India can be challenging for men due to inherent biases. It is essential for men to stay informed, gather evidence, and seek proper legal support to navigate these difficulties. If you need assistance, reach out to Men Helpline Organization for guidance and support.

Agra, India – On February 24, Manav Sharma, a 30-year-old recruitment manager at TCS in Mumbai, allegedly took his own life by hanging himself. His family claims that he was harassed by his wife, whom he married just over a year ago. Before his death, Manav left behind a 6.57-minute video.

In this video, Manav appears calm, happy, and composed, pleading for the safety of men. He says, “Please think of men too… Poor guys are very lonely… everything would be fine once he was gone.”

This raises questions about why Manav seemed so happy in his final moments. Did he felt relieved from the pressure and legal bias that he faced?

While Manav was seen calm, and composed but Manav’s wife has alleged that he was an alcoholic. This incident highlights the need for a safer and more supportive system for men.

Manav’s message to society was, “Everything will be fine after I leave this world.” However, the reality is that his death has shifted the burden to his elderly parents.

This raises concerns about the well-being and safety of men in India.

We urge men’s rights activists to come together and protest consistently, possibly every weekend, to demand a more just and supportive system for men.

Some questions that arise from this incident are:-

• How many more lives will be taken due to the lack of support for men?
• When will the system become a safe place for men?
• How many more deaths can the government afford to ignore before taking action?
• Is the government waiting for things to escalate before intervening?

The survival of Indian families is at risk amidst one-sided gender-biased laws, which may ultimately lead to their dismantling in the name of justice. Disputes and disagreements are common in human relationships, and Indian families disputes are no exception. No family is perfect, and disagreements naturally arise. In a healthy society, such conflicts are resolved through dialogue, mutual understanding, and, when necessary, legal intervention.

However, when legal frameworks disproportionately criminalize these disputes and apply biased judgments, they threaten the very fabric of relationships. In India, laws related to domestic violence, dowry harassment, and divorce have been criticized for being excessively one-sided in favor of women, often placing men and their families in distress.

This growing legal bias in favor of women, coupled with the criminalization of domestic disputes, is having a profound impact on family dynamics. Many families find themselves fighting legal battles that stretch over years, draining them financially, emotionally, and mentally.

“The time for change is now. Legal reforms must be introduced, and society must demand justice not just for women, but for families as a whole.“, Kumar S Ratan, founder MHO

This article delves into the legal framework that disproportionately favors women, the consequences of these laws on families, and how families can adapt to survive in such an environment.

Biased Law – The law, instead of protecting families, is tearing them apart:

Over the years, several laws have been introduced in India considering the women’s rights. However, the provisions of law and its implementation has resulted in widespread misuse, leaving families devastated.

Laws such as Section 498A of the Indian Penal Code or BNS Section 85 presume the accused guilty until proven innocent, often leading to the arrest of the husband, in-laws and even distant relatives. The Domestic Violence Act (PWDVA), 2005 law provides financial compensation, residence rights and protection orders to women and courts often grant relief to women without sufficient evidence. Similarly women are granted maintenance and alimony under Section 125 CrPC without considering the husband’s income and obligations.

These laws operate under the assumption that men are perpetrators, placing the burden of proof entirely on them. Even when falsely accused men are acquitted, Indian courts often use the term “lack of evidence” instead of declaring them innocent, implying that a crime may have happened, but the woman failed to prove it. This deep-rooted bias is not just in the law but also within the judiciary and lawmakers.

According to a study by the Centre for Social Research (CSR), nearly 80% of dowry harassment cases filed under Section 498A IPC turn out to be false or exaggerated. The Supreme Court of India has termed this misuse as “legal terrorism”, acknowledging the rising number of false cases that destroy families.

Impact on Family Dynamics of such Bias

Criminalisation of family disputes has led to a major change in the Indian family structure. Married men are living in fear, as even a small argument can lead to police intervention and legal troubles and women realise that they have legal power. Women often use these laws to control their spouses or end the marriage on their terms. Such imbalances have shaken the very framework of family.

This has affected the joint family system, other family members do not want to get into unnecessary trouble because of a family member’s bad marriage. This has even affected the lives of children as they are forced to live separately from their fathers due to the dispute.

The Biased Approach in Legal System

• Presumption of guilt: Most of these laws assume that men are the aggressors and women are the victims.
• No consequences for false allegations: Women who misuse these laws often face no legal repercussions.
• Criminalization of Dispute: In cases like 498A or sec 85 of BNS, men and their families can be arrested without investigation.

However, National Institute of Mental Health and Neurosciences (NIMHANS) studies show that fatherless parenting leads to increased emotional distress and behavioral problems in children. The National Crime Records Bureau (NCRB) data (2022) shows that more than 32% of male suicides in India are linked to marital disputes and false accusations.

Survival of Indian Family

To protect families from being torn apart, there is an urgent need to implement fair legal reforms and adopt precautionary measures:

• Pre-Nuptial Agreements: Clearly define the roles and responsibilities of spouses in case of divorce or marital dispute.
• Electronic Evidence: Keep recordings of conversations and messages to serve as proof in case of false accusations.
• Dissolution of IPC 498A / Sec 85 of Bharatiya Nyaya Sanhita (BNS): Implement a no-arrest policy and remove the criminalization of family disputes.
• Gender-Neutral Domestic Violence Laws: Ensure both men and women are protected without bias.
• Strict Action Against False Accusations: Introduce equal punishment for those who file false cases.

The Way Forward: A Call for Balance

The criminalization of family disputes and legal bias against men are destroying the very foundation of Indian families using the laws protecting women became a tool for harassment. It is imperative that India moves towards a balanced, gender-neutral approach where both men and women are protected from abuse, false accusations, and legal exploitation.

It is imperative that India moves towards a balanced, gender-neutral approach, where both men and women are protected from abuse, false accusations, and legal exploitation. A legal system that prioritizes mediation over punishment, imposes strict penalties for false cases, and recognizes the importance of family unity is the need of the hour.

Until such legal reforms are introduced, Indian families must equip themselves with legal awareness, strengthen their internal bonds, and support advocacy efforts for a fair legal system. Only then can we ensure the survival of families and the institution of marriage in India.

Here is a step-by-step guide to reconcile with wife, may help you navigate this journey:

1. Connect with Family Elders

• The first step is to seek help from trusted elders in the family. Elders can provide wisdom, act as mediators, and facilitate conversations that might bridge the gap between you and your wife.
• Approach them with sincerity and respect, and explain your desire to reconcile. Many misunderstandings can be resolved with the guidance of experienced family members.

2. Engage a Family Counselor

• If discussions within the family do not yield results, it’s time to involve a professional family counselor.
• A counselor can provide individual sessions to address personal concerns and joint sessions to foster better understanding between you and your wife.
• Counseling often helps identify underlying issues and offers practical solutions for rebuilding the relationship.

3. Seek Social Counseling

In addition to professional counseling, engage with people who can offer social support. Reach out to trusted friends, distant relatives, or extended family members from your wife’s side. They may help mediate and provide a neutral perspective on resolving conflicts.

Social counseling can be an effective way to foster communication and mend broken relationships.

4. File for Restitution of Conjugal Rights (RCR)

• If family discussions and counseling fail, you may consider legal action by filing a Restitution of Conjugal Rights (RCR) petition under Section 9 of the Hindu Marriage Act (HMA).
• This legal step essentially requests the court to direct your spouse to resume marital cohabitation.
• Be mindful that filing an RCR can have legal implications. For instance, your wife may respond by filing a maintenance case. It is advisable to consult a lawyer before taking this step.

5. File for Child Custody Along with RCR

• If children are involved, consider filing for child custody along with the RCR. This ensures that you maintain access to your children during the reconciliation process.
• Typically, courts can grant you access to your children within 3-4 months, depending on how promptly your petition is heard.

6. When Reconciliation Fails

• Sometimes, despite best efforts, reconciliation may not be possible. In few cases, it leads to separation by mutual agreement becomes the next step.
• Many husbands tend to pay a lump sum amount to their wives before filing for divorce. However, the right approach is to first file for divorce and specify the amount in the divorce application.
• After the filing of divorce case, deposit the agreed amount in court. The woman can claim this amount once the divorce is finalized. This method ensures transparency and legal protection for both parties.

7. Caution: Risk of False 498A Cases

• It is important to be cautious, during the process of reconciliation efforts you may be slapped with false 498A case.
• Prepare yourself, ensure you maintain clear communication, document all interactions, and seek legal guidance before taking any significant steps. Awareness and preparedness can help you navigate such situations effectively.

Important Considerations

• Emotional Readiness: Before taking any step, ensure you are emotionally prepared for the outcomes, whether they lead to reconciliation or not.
• Legal Guidance: Consult with a legal professional to understand the implications of filing an RCR or child custody petition.
• Patience and Respect: Rebuilding a relationship takes time. Approach the situation with patience and respect for your wife’s feelings and decisions.

More importantly, if your efforts fail or you are slapped with a false 498A case, then don’t consider yourself a “Damad Ji” anymore.

While initiating efforts for reconciliation, never have any expectations, as the law cannot compel a woman to participate in reconciliation or live with you.

Reconciliation is a journey that requires effort, communication, and, at times, external support. By following these steps, you can increase your chances of resolving conflicts and rebuilding your relationship.