What Indian men face when matrimonial cases are filed decades after marriage

In this article, we will discuss the plight of married men when they face fake matrimonial cases, decades after their marriage. Most of them are oblivious to what is coming for them, and are caught by nasty surprise. Many incidents are coming out where cases are being filed 10, 15 or even 20 years after marriage. This article describes what they will/are going through after they get cases after decades of marriages. Many men have this misconception that they will not face 498a after 7 years of marriage. They are horribly mistaken. Wife can file 498a anytime claiming she was harassed mentally or physically recently. 498a is a Domestic Violence Law, not a Dowry Harassment only law. This is already discussed here.

Maintenance is guaranteed

A wife who files a maintenance after 10+ years of marriage is guaranteed to get maintenance, even if she is the one who deserted her husband. Most Indian women quite job after 5-10 years of marriage and become full time housewives. This is extremely dangerous scenario for husbands. Courts grant interim maintenance almost instantly, thinking that the wife is a destitute and needs husband’s money to survive. So men are immediately screwed in DV Act or CrPC 125 or HAMA 18 or HMA 24 or SMA 36 sections. Maintenance is discussed in detail in this article.

Children almost always go with Mother

Child custody laws though neutral on paper, always favor women. When a Father is toiling at his workplace to provide for his family, his children are spending maximum time with their mother. When a case is filed 15-20 years of the marriage, they almost always go with their mother. Women also wait for their children to reach adolescence to file cases or get separated. This ensures the most difficult part of childhood is completed with the support of their husband, and then they can reap the rewards alone. So forget your children once your wife separates decades after marriage. In fact, there are many cases when children have betrayed Fathers in courts.

No Support from Parents or Family friends

If a man has to fight matrimonial cases at age of 40-45+, he gets almost no support from Parents or friends. At that age, everyone is busy with their own lives so they can’t spend much time with the man. Parents are also very old, and need attention and care from their son. So it becomes a lonely battle and most men give in to the demands of their wives just to have some peace. Imagine giving up almost everything you earned in your life to your wife just to have some peace? It is an extremely horrible situation.

Joint Property=GONE

If a man has done the biggest mistake of buying property on jointly with his wife, then it is as good as gone when wife files matrimonial cases. Courts will allow her to stay in that house, and she will make sure to take complete possession till the cases run for years. The man can file Recovery Suite or Declaration Suite, but those also run at their own snail’s pace, hardly yielding any results in the man’s favor. In fact, along with the Husband, his parents can also be thrown out of their own house under DV Act 2005. Recent Supreme Court ruling has made sure of that. Supreme Court has also said that Son is Son till marriage, but daughter remains daughter for life. However, courts never ask the Daughters to seek their rights from their parents. They take the property rights from her husband and in-laws and give it to her. So at age of 40+, the man has to search for a suitable rented accommodation for himself and his parents and also continue paying the monthly EMI for the house he “jointly” bought with his wife.

Wife from different city/state=Nightmare

If the wife belongs to a different city or state, then it is a huge nightmare. She will go to her parent’s house and file all the case in the court there. Supreme Court has already given full rights to women to file all cases from the place they reside, irrespective of where the matrimonial home was located. The husband will have to then travel to that city’s court regularly. Vast majority of Indian courts lack video conferencing facilities so only option is to attend the dates in person. Missing dates by the husband can lead to an atrocious Ex Parte order in favor of the wife. Traveling almost 4 days a month makes managing expenses almost impossible, and if the man has ailing parents then his life becomes a nightmare. Below is a latest news snippet about an Indian Army Soldier who is being harassed by his wife and is asking how can he serve the country when he has to travel regularly to fight cases. Such news are rarely covered by English media as most of them are hardcore Feminists or funded by Feminists.

Extra Trouble for NRIs

These laws are nightmare for NRIs. Imagine being a Green Card holder or even a Citizen in US, enjoying a plush IT Job, raking in the money, but losing everything because you committed the grave mistake of marrying an Indian woman? This is exactly what happens when wife suddenly decides to come back to India and file all available cases on Husband. The Ministry of External Affairs site itself suggests Indian women to file 498a on their husbands in case they are abandoned. So any woman is free to come back to India, and file 498a on their husbands claiming she was abandoned. The FAQ can be downloaded from here. Since almost all laws in Developed countries require evidence and punish false accusers, Indian women run back to India and enjoy the weapons given to them by India’s lethargic and ancient Judicial system.

Once FIR is filed, Police know that there is lot of money to be made from a NRI. Red Corner Notices are issued, passports are impounded. Basically a man loses everything if cases are filed in India. Only way to avoid this is to forget about India and live like a fugitive in foreign country. Also. lower courts are quick to grant huge maintenance to NRI husbands without considering the foreign currency expenses in respective countries. Overall, its a special kind of hell when a well settled NRI faces matrimonial cases in India. In fact, the notoriety of 498a is well documented on website of a New York Law Firm.

Conclusion

I have covered a few major pain points if a man faces fake cases in his 40s or decades after marriage. If you are man in your 40s, and you have a fear that your marriage may turn sour any time (always listen to your gut feeling), you have to start acting now to safeguard yourselves. You can seek help at MensRights.Net and hope for the best. Also a request to NRIs: PLEASE STOP MARRYING INDIAN WOMEN. This is for your own good.