A female spouse may become a domestic servant after marriage, while a male spouse is typically the primary financial provider for the household. The legal framework does not uphold the husband’s autonomy. It is the duty of a man in India to provide for his wife, children, and parents, regardless of his treatment. Upon divorce, both parties must undergo emotional and psychological recovery. The husband must prioritize planning for his wife’s alimony from his salary, despite any financial obligations he may have, including a house loan, parental expenses, or other liabilities. The spouse necessitates emotional assistance amidst these trying circumstances. In this article, we’ll provide information on the impact of divorce laws in India on the male party and measures to protect his interests.
Divorce Law in India for Husband
There exist several laws to protect the interests of married women. Regarding men, they must exert effort to avoid false allegations of cruelty and violence as claimed by their spouse. The presumption is that a woman is always a victim in our society. Male victims of bad marriages are frequently disregarded. The laws regarding marriage permit divorce by mutual consent when both parties are willing. If one spouse refuses to end the marriage, the other must prove specific aspects to pursue a unilateral divorce through the court. Regarding divorce laws for men in India, the conclusion of marriage entails the responsibility of providing maintenance/alimony to the husband. The issue of custodial rights for children is a crucial matter to be legally determined in cases of divorce involving children. The term “men’s rights in divorce India” appears to be fictitious as it lacks substance.
Can a Man Ask for Divorce in India?
Inquiries are made regarding the consequences of a man filing for divorce. There are no restrictions in Indian divorce laws regarding who may file first. Divorce advocates typically do not recommend this course of action to their male clients due to the legal system’s gender bias. The plaintiff has filed a complaint of cruelty against her husband under IPC 498A. The societal perception is that she is the victim. The husband is presumed inhuman by them, irrespective of the validity of the allegations. However, filing for divorce first in India places the burden of proof entirely on the husband, which is a disadvantage. The husband must provide irrefutable evidence and demonstrate victimhood to persuade the court. In Indian society, proving a man as a victim is a significant challenge.
What are the Grounds for Divorce in India?
In India, marriage and divorce fall under personal laws due to the absence of a Uniform Civil Code. The grounds may vary depending on the parties’ religion. The following are the typical grounds for divorce under Indian law:
-Adultery is a valid reason for a husband to seek divorce if his wife is engaged in a physical relationship with another man.
-Desertion occurs when a wife leaves her husband without explanation. The deserted husband may seek divorce from the court.
-Physical and mental violence by a wife against her husband constitutes valid grounds for divorce in India.
-If the wife’s unsoundness adversely affects the marital relationship, the husband may pursue divorce.
-If the spouse is infected with an STD, it can be used as a basis for divorce. Engaging in sexual intercourse with the wife may pose a risk to the husband’s life.
-In the event that the wife has not been heard from for a period of 7 years, the husband may petition the court for divorce based on the presumption of death.
-The husband may use the absence of sexual intercourse after marriage as a basis for divorce against the wife in court.
-If the wife converts to another religion after marriage, the husband may file for divorce if the marriage was conducted under religious laws.
-Prior to initiating divorce proceedings for men in India, it is advisable to seek an in-person consultation with a local advocate to gain insight into the legal complexities. If situated in Chandigarh, the presence of a divorce lawyer in Chandigarh can facilitate the process.
Precautions Before Husband Files for Divorce
Prior to filing for divorce, the husband must attend to certain matters.
It is advisable for the husband to refrain from engaging in any physical or verbal abuse towards his wife prior to filing a divorce petition in order to maintain a cordial relationship. The presentation of evidence will undermine the case against the defendant.
To avoid financial burden, it is advisable for the husband to cohabit with his wife and share household expenses.
It is advisable to prioritize financial management before invoking male divorce laws in India to prevent the wife from taking everything. You can cancel the credit card attached to the husband’s bank account without delay. It is advised to close joint bank accounts in such instances.
All evidence supporting the husband’s position in the divorce case should be safeguarded prior to presenting it in court.
It is advisable to refrain from engaging in any social media disputes prior to the filing of a divorce petition by the husband, including communication with one’s spouse. Social media provides direct evidence. Nowadays, even WhatsApp chats are admissible as evidence in court.
When a Wife is not entitled to Maintenance from Husband?
Maintenance or alimony is the payment made by one spouse to another post-divorce to financially support the dependent spouse. Per Indian divorce laws, the husband is typically obligated to pay the specified amount to his wife. There exist maintenance cases in favor of the husband where he has been exempted from paying alimony to his wife or where the wife is required to pay maintenance to her husband. There are situations where a husband may refuse to provide maintenance to his wife.
– If a wife leaves her husband without a reasonable explanation, the husband may refuse to provide maintenance.
-Maintenance can be denied if the wife is cruel to her husband or commits adultery (i.e. engages in physical relations with a man other than her husband).
-In cases where the wife earns significantly more than the husband and is self-sufficient, the husband may refuse to provide maintenance to the wife.
-Maintenance can be denied if the husband is indigent and the wife is financially independent.
-Upon the remarriage of the former wife, the ex-husband is relieved of any obligation to provide maintenance.
-If the husband is unable to support himself and the wife has adequate means of earning, the court may require the wife to pay maintenance to the husband.
Father’s Right to Custody
In accordance with most personal laws, both parents are typically considered natural guardians of a child. Both parties are eligible for child custody. The issue of child custody following divorce is a significant challenge for the father. If the father is more suitable for child care than the mother, the court may award him custody. Consulting with child custody attorneys can aid in determining the optimal course of action for presenting evidence in court.
If you need any assistance regarding divorce law, consult SL Legal Services, the best law firm in Chandigarh. They have highly qualified advocates who can help you with the divorce law.