Understanding Legal Remedies for Husbands Facing Divorce and Alimony Threats- husbandrights

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HUSBANDRIGHTS AGAINST THREAT FOR DIVORCE OR ALIMONY

In Indian divorce proceeding, the narrative often revolves around the wife — but husbands too have legal rights and they often face emotional, legal and financial distress due to misuse of laws.

Here’s a clear guide for husbands dealing with threats related to divorce, alimony and maintenance.

1. Know Your Rights as a Husband Under Indian Law

Many husbands don't realize they also have protections.

Important laws to remember: husbandrights

Section 9 of Hindu Marriage Act – Restitution of conjugal rights

Section 13 of Hindu Marriage Act – Grounds to file divorce, like cruelty or desertion

Section 24 & 25 of the Act – Right to contest maintenance if wife is earning or capable

TIP: You can file a counter case for mental cruelty if false allegations are made.

2. Facing False 498A (Cruelty) Case?

Here's What to Do

Section 498A of IPC is often misused. If falsely accused:

Apply for anticipatory bail

Collect evidence like chats, CCTV, call logs proving your side

File a defamation case or complaint under Section 211 IPC (false charges)

You have every right to defend yourself without guilt — law supports the innocent.

3. What If She Demands Huge Alimony or Maintenance?

Understand your rights under:

Section 125 CrPC – Wife can claim maintenance only if she’s unable to maintain herself

If she is working, remarried or living with someone else — you can deny maintenance

Present proof of your own financial hardship

Alimony isn't automatic. Courts assess income, liabilities and actual dependency.

4. Legal Remedies You Can Use

File for divorce on grounds of cruelty

Request mediation to avoid long court battle

Challenge maintenance orders if they're unreasonable

File for child custody or visitation under Guardian & Wards Act

Even in child custody, fathers can claim shared parenting rights.