Misuse of Matrimonial Laws: An Analytical View

  • Ramanpreet Kaur and Dr. Bhawna Arora
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  • Ramanpreet Kaur

    Student at Law College Dehradun, Uttaranchal University, India

  • Dr. Bhawna Arora

    Associate Professor at Law College Dehradun, Uttaranchal University, India

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This article critically discusses the misuse of matrimonial laws in India, mostly by wives, and highlights how these laws although important to regulate marital relations as well as safeguard and vindicate the rights of spouses, are often grossly put to harm a spouse or gain undue advantage through the matrimonial court. The essay presents a complex analysis of the Hindu Marriage Act, the Protection of Women from Domestic Violence Act, and Section 498A of the Indian Penal Code which aimed to protect the interest of the innocent spouse and criminalise cruelty or domestic violence, is being exploited to harass the spouse by false accusations and prolonged litigations. The essay discusses the emerging judicial measures to balance the abuse of the above-mentioned acts by presenting more legal and extrajudicial reforms focusing on the problem of matrimonial misuse and explains how severe consequences such as divorce or prosecution impact the marital life, the disharmony thereof partly due to the aforesaid reasons. This essay presents a few exemplary case laws with reference to substantive and procedural reforms in matrimonial laws, elaborates the existing legal lacunae and procedural errors, and suggests preemptive measures and strict judicial supervision to control this expanding load on the family courts.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 1032 - 1051

DOI: https://doij.org/10.10000/IJLMH.117578

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