Myths

Here are the most common myths surrounding family laws and gender issues in India, along with factual clarifications.

Myth: Dowry cases are reported in huge numbers, so most must be genuine

Thousands of dowry complaints are filed every year in India, but official data and court observations show that a very large percentage are exaggerated, false, or baseless.

1. Massive Filings, Extremely Low Convictions

• Over 1.2 lakh cases registered annually under Section 498A + 12,000–15,000 under Dowry Prohibition Act.
• Reported dowry deaths: ~5,737 in 2024 (NCRB).
• Conviction rate: Only 11–17%.

In any fair justice system, 83–89% acquittals or quashing indicates that most complaints lack merit or evidence.

2. Supreme Court on Misuse

The Supreme Court has repeatedly flagged misuse:

• Called Section 498A a tool for “legal terrorism”.
• Noted complaints are often vague and lack specific evidence.
• Many filed as counter-attacks in divorce or maintenance disputes.

Hundreds of FIRs are quashed annually by High Courts and Supreme Court.

3. Why the Myth Persists

• Laws are heavily biased with minimal scrutiny and presumption of guilt on the husband.
• Media gives massive coverage to genuine dowry deaths but ignores men’s suicides due to false cases.
• Almost no punishment for filing false complaints.

Conclusion: High numbers reflect widespread misuse of one-sided laws, not widespread guilt.

Myth: Men can also claim maintenance from their wives in India

Reality: In practice, men almost never receive maintenance. The system is heavily skewed.

• Section 125 CrPC/BNSS: Only wives, children, and parents can claim. Husbands cannot claim under this section. No Supreme Court judgment supports husbands claiming maintenance here.
• Personal Laws (Hindu Marriage Act Sections 24 & 25): Gender-neutral in language, but successful claims by husbands are extremely rare.

The statement “men can also claim maintenance” is technically true in theory but practically a myth.

Myth: A wife cannot be denied maintenance even if she is earning well

Reality:
Many High Courts have ruled that an able-bodied, qualified, and earning wife is not entitled to maintenance. However, in practice, courts frequently ignore these rulings and award maintenance anyway.

Myth: Domestic Violence Act (PWDVA 2005) protects both men and women

Reality:
The Protection of Women from Domestic Violence Act is exclusively for women. Men have no legal protection under this Act even if they face physical, emotional, or financial abuse. India has no gender-neutral domestic violence law.

Myth: Men can easily get divorce if they want

Reality:
Divorce laws heavily favor women. Contested divorces by men often take 5–10+ years. Even in mutual consent cases, wives frequently delay proceedings to negotiate higher alimony or better custody terms.

Myth: Alimony is only paid when the wife is financially weak

Reality:
Permanent alimony is often awarded based on the husband’s income rather than the wife’s actual need or earning capacity. High-earning wives have also been awarded substantial alimony in several cases. Lifetime alimony is common even in short marriages.

Myth: False cases under family laws are very rare

Reality:
Extremely low conviction rates (often below 15–20%), high quashing rates by High Courts, and Supreme Court observations of “legal terrorism” clearly show widespread misuse. Thousands of families suffer for years before acquittal.

Myth: The law treats husband and wife equally in matrimonial disputes

Reality:
Almost every major family law (498A, DV Act, maintenance, custody, dowry laws) is based on the presumption that the woman is the victim and the man is the perpetrator. This built-in gender bias makes the system structurally unfair.