I. ABSTRACT
There are many aspects of family law dealing with maintenance claims, which guarantee that individuals expect to receive financial support after any separation or divorce. It is actually not void from abuse; some individuals have been misusing legal loopholes for manipulating maintenance thereby creating unfairness against one of the parties involved. Such exploitation, in fact, can take any shape, such as when one falsely represents the financial circumstance exaggerates her needs, or takes advantage of ambiguity in law to gain disproportionate benefits. This paper is a quest into the dark side of maintenance claims: it discusses the tricks that have been learnt by some individuals on the art of exalting such loopholes as the ethical implications of such practice and the reforms that are to be put in place in that regard to maintaining the integrity of the maintenance system. Through a case study, legal precedents, and expert views, it aims to give a holistic understanding of how maintenance claims can be weaponized and proper steps to ensure fairness and accountability in the system
II. OVERVIEW OF MAINTENANCE LAWS
2.1. How are maintenance claims calculated, and what factors are considered?
The income, number of dependents, type of life lead by the payer, whether to or not the couple live together, and for how long they were together determining the quantum of spousal support. Income, dependents, assets, liabilities and length of the association are some of the considerations used when one wants to find out if the husband can pay spousal support. At set time intervals, adjustments and modifications might be made to the matters by the court to analyze the financial shifts or the deaths of the parties.
2.2. Are these laws gender-neutral, or do they disproportionately favor one party?
Indian maintenance laws, such as the Hindu Marriage Act, Section 125 of the CrPC, and the Domestic Violence Act, are supportive regulations to needy older adults. Indian maintenance laws support the elderly but are not gender-neutral and favor women.
III. LEGAL LOOPHOLES
3.1. Exagerating claims: People can claim as their justification for the higher amount they need in the form of domestic support which is increased living expenses, making up for debts, and which are not earned. They may indicate rent, electricity, water, and daily items are more expensive than they actually are, or they may not show their whole earnings in order to get less alimony or receive more alimony from the other party.
3.2. Fake accusations: One of the methods applied by a false accuser is to fabricate stories about domestic violence, and then that person uses these made-up stories to get the legal benefit that is needed to destroy the reputation of the husband. It might be by getting the family support or altering financial decisions. That is a form of extortion. These are strategies of defamation and an abuse of power of the false accuser.
3.3. Income Manipulation: Self-employed individuals or business owners can manipulate their income to reduce maintenance obligations by underreporting earnings or inflating business expenses, causing financial strain on the other party and potentially underestimating their financial capability.
3.4. Concealing Cohabitation or Remarriage:
Altering living situations or marrying again may create obstacles in the maintenance receipt of payments or such payments may not be made at all. All of these above situations create an unfair financial burden on the payer. Deceiving either way will lead to reduced payments and support.
IV. IMPACT OF EXPLOITATION
4.1. Financial Hardship: Monetary difficulties can arise when an individual misuses the system through extreme exaggeration or false allegations, causing an unfair maintenance obligation for one party and undue financial strain on the paying party, thereby cracking the way to meet expenses.
4.2. Emotional Distress: Financial manipulation or false accusations can cause significant emotional distress for those unfairly burdened, leading to anxiety, depression, and a sense of injustice. This strain can have long-term effects on mental health and relationships.
V. POTENTIAL SOLUTIONS
5.1. Strengthening Legal Framework: Making the system strong in legal promise regarding fair and transparent maintenance laws, also to prevent such misuse; eligibility criteria; amount of award; and periods for paying. Provision for stern penalties for fraudulent activities; mandatory financial disclosure for spouses; and speedy processes in court would deter misuse and possible exploitation.
5.2. Enhanced Investigative Mechanisms: Enforcement of highly equipped investigative tools for the authentication of financial claims would be imperative in indicating where fraud occurs. The courts should have access to independent corporate auditors, forensic accountants, and financial databases, as well as routine supervisory monitoring, mandatory notices of change, special units for conducting fraud investigations, and automated cross-verification with official records for increased oversight.
5.3. Public Awareness and Education: Public awareness and education are crucial in reducing maintenance law misuse. Education campaigns, workshops, and resources can clarify the legal process and dispel misconceptions. Collaborating with community organizations and legal aid providers, pre-litigation counseling, and incorporating financial literacy in school curricula can help future generations navigate family law issues responsibly.
VI. RECENT CASES
6.1. There is a recent case where a 34-year-old man named Atul Subhash committed suicide on 9th December 2024 and blamed his wife, Nikita Singhania and her family for harassment in a suicide note with 24 pages a video for domestic violence and financial extortion. All these were part of an extortion plan that made demands raise up to ₹3 crore. As, also, Atul claims he was denied the access to his son and that he was suffering mental and emotional torture by continuous fighting due to legal battles. After Atul’s death, his brother filed an abetment to suicide case against Nikita, her mother, brother Anurag Singhania, and uncle Sushil Singhania. Nikita filed a complaint in April 2022, alleging harassment and abuse. Currently the investigation is continuing. The ones who are arrested are in the police custody, and investigation by authorities is taking place which includes examination of the evidence like Atul’s suicide note and other related documents.
VII. CONCLUSION
The current legal regime if well supplemented by more stringent law, better enforcement tools with sharper teeth and a pinch of transparency can only grow stronger. These include better, clearer regulations for maintenance and stronger penalties when complaints are diverted elsewhere as well as more investigative tools such as forensic accountants or financial audits. Family courts are governed by unique laws to ensure that the court process is less complicated and more effective in order to achieve a transparent, accessible and accountable judicial system. There should be a fine line here: Protection for women and prevention of exploitation on men actually leads to fairness! Maintenance should be taken care of only by mothers and fathers should not overcharge under falsehood with fake argument. Against this background, there must be a process for maintenance awards that is perceived as fair to the public and will ensure their faith in family legal system. Education and outreach can prevent this bias from occurring in family law disputes, ensuring that both parties to the relationship have a chance at justice. Similarly, promoting civic engagement and raising societal awareness could also contribute to a more transparent and accountable legal system.
