VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 7 No. III (2024)pp. 1032–1051

Misuse of Matrimonial Laws: An Analytical View

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Published 19 May 2024 · pp. 1032–1051 · Vol. 7 No. III (2024)
Abstract

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.

Keywords
Matrimonial LawsLegal MisuseSection 498ADomestic ViolenceMarital RapeAlimonyMaintenanceChild CustodyGender Bias

How to cite

Ramanpreet Kaur & Dr. Bhawna Arora, Misuse of Matrimonial Laws: An Analytical View, 7 Int'l J.L. Mgmt. & Human. 1032 (2024).

Cite this article

Ramanpreet Kaur & Dr. Bhawna Arora, Misuse of Matrimonial Laws: An Analytical View, 7 Int'l J.L. Mgmt. & Human. 1032 (2024).
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