Conjugal Conflicts and Misuse of Marital laws against husband

Abstract

Marriage occupies a central position within Indian society and law, functioning not only as a personal relationship but also as a significant social institution. There are various provisions in law to deal with conjugal conflicts. In order to protect married women from domestic violence, dowry related harassment and other forms of matrimonial cruelty, the Indian legislature has enacted several protective laws, most notably Section 498A of the Indian Penal Code, 1860 (now substantially retained under Section 85 of the Bhartiya Nyaya Sanhita , 2023) and the Protection of Women from Domestic Violence Act, 2005. These enactments represent important milestones in the pursuit of gender justice and the protection of vulnerable individuals within marital relationships. Over the years, concerns regarding the misuse of matrimonial laws have emerged as a significant legal and social issue. Allegations of false complaints, arbitrary arrests, over implication of relatives and the strategic use of criminal proceedings during matrimonial disputes have generated considerable judicial and academic debate. Simultaneously, there has been growing recognition of instances where husbands may also experience emotional, psychological, economic, or social cruelty, despite the absence of explicit statutory protection in many areas of matrimonial law. This research paper critically examines the causes, consequences, and emerging instances of misuse of marital laws in India with particular emphasis on the experiences of husbands and their families.

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