HUSBAND’S DEFENCES & LIABILITIES

(Maintenance | Divorce | DV Act | Criminal Cases)

PART A – HUSBAND’S LIABILITIES (LEGAL OBLIGATIONS)

1️. LIABILITY TO MAINTAIN WIFE

 Section 125 CrPC (All Religions)

Liability arises when:

• Wife is unable to maintain herself
• Husband has sufficient means
• Wife has not remarried

Husband cannot escape liability by:

• Voluntarily remaining unemployed
• Hiding income

Case Law:

• Bhuwan Mohan Singh v. Meena (2015)
  ➝ Maintenance is not charity; it is a legal duty.
• Shailja v. Khobbanna (2018)
  ➝ Mere earning of wife ≠ disqualification.

Section 24 & 25 – Hindu Marriage Act, 1955

• Interim maintenance (S.24)
• Permanent alimony (S.25)

Case Law:

• Rajnesh v. Neha (2020)
  ➝ Mandatory income affidavits; avoid multiplicity of maintenance.

2️. LIABILITY UNDER DOMESTIC VIOLENCE ACT, 2005

Sections 17, 19, 20, 22

Husband may be directed to:

• Provide residence / alternate accommodation
• Pay monetary relief
• Pay compensation for mental cruelty

Case Law:

• Kunapareddy v. Kunapareddy (2016)
  ➝ DV Act proceedings are civil in nature.
• Satish Chander Ahuja v. Sneha Ahuja (2020)
  ➝ Wife can claim residence even in in-laws’ property.

3️. LIABILITY FOR STRIDHAN

Sections 406 IPC + 14 Hindu Succession Act

• Husband holds Stridhan as a trustee
• Non-return = criminal breach of trust

Case Law:

• Pratibha Rani v. Suraj Kumar
  ➝ Stridhan always remains wife’s absolute property.

4️. CHILD MAINTENANCE & RESPONSIBILITY

Section 125 CrPC

Hindu Minority & Guardianship Act

Child’s right is independent of marital dispute.

Case Law:

• Gaurav Nagpal v. Sumedha Nagpal
  ➝ Welfare of child is paramount.

5️. LIABILITY IN CRIMINAL CASES

Common Sections:

• 498A IPC – Cruelty
• 406 IPC – Stridhan
• 323, 506 IPC – Violence & Threat
• Dowry Prohibition Act

Conviction possible even after divorce.

PART B – HUSBAND’S DEFENCES (HOW HE CAN LEGALLY PROTECT HIMSELF)

1️. DEFENCE AGAINST MAINTENANCE

Wife Able to Maintain Herself

Section 125(4) CrPC

Maintenance can be denied if:

• Wife is living in adultery
• Wife refuses to live with husband without sufficient cause
• Wife is financially self-sufficient

Case Law:

• Mamta Jaiswal v. Rajesh Jaiswal
  ➝ Qualified wife capable of earning may be denied maintenance.

2️. DEFENCE OF DESERTION BY WIFE

Section 125(4) CrPC

Section 13(1)(ib) HMA

If wife left matrimonial home without reason.

Case Law:

• Rohtash Singh v. Ramendri
  ➝ Desertion affects maintenance entitlement.

3️. DEFENCE OF FALSE / MALICIOUS CASES

Section 498A IPC – Acquittal / Quashing

Supreme Court Safeguards:

• Arnesh Kumar v. State of Bihar
  ➝ No automatic arrest.
• Rajesh Sharma v. State of UP
  ➝ Prevent misuse of 498A.

4️. DEFENCE AGAINST DV ACT CASES

• No domestic relationship
• No shared household
• Allegations are omnibus & vague

Case Law:

• Inderjit Singh Grewal v. State of Punjab
  ➝ DV Act cannot be misused after long separation without cause.

5️. DEFENCE AGAINST STRIDHAN CLAIM

• Proof of return
• Proof articles were never given
• Articles were jointly used

Burden initially on wife.

6️. DEFENCE OF SET-OFF / ADJUSTMENT

• If husband already paying:
  • HMA maintenance
  • DV Act relief

Case Law:

• Rajnesh v. Neha
  ➝ Prevent double maintenance.

7️. DEFENCE OF REMARRIAGE

Section 125(4) CrPC

• Wife’s remarriage bars maintenance.

PART C – BALANCING PRINCIPLE (COURT’S VIEW)

Courts follow BALANCE, not bias.

• Husband’s income vs wife’s needs
• No punishment through maintenance
• No starvation of wife
• No extortion through litigation

Case Law:

• Kalyan Dey Chowdhury v. Rita Dey
  ➝ Maintenance usually 25% of husband’s net income (guideline).

PART D – QUICK COMPARISON TABLE

ONE-LINE SUMMARY (COURT READY)

A husband’s liability in India includes maintenance, residence, child support, and return of Stridhan, while his defences lie in disproving wilful neglect, establishing wife’s financial independence, preventing misuse of criminal law, and ensuring fairness under constitutional and statutory safeguards.