Men’s Right in Divorce: What Men Need to Know

Men’s Right in Divorce: What Men Need to Know

We are living in a country where the constitution provides equal rights to both men and women. But when it comes to divorce laws, it has been observed that the laws favor wife a lot and the husband’s interest is neglected. If we compare, a woman is provided more safety and rights than a man is given. It is also said that personal laws are more biased towards the woman.

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The other side, divorce laws remain harsh on man, forcing him to give proper care and maintenance to his wife. Her wellbeing remains his responsibility. However, if we look at the constitution deeply, we will find that there are certain laws which are structured to provide protection to the man. The husband can file a divorce on the basis of these laws on valid grounds. These laws also provide him enough power to refuse his wife’s maintenance. This may happen in the case when she isn’t held accountable for the child’s custody.

What are men’s rights in divorce as per Indian Constitution?

1. Right to File Divorce Petition

Indian Constitution has provided the husband with the right to file a petition for divorce. For this, he has to hire a divorce lawyer. The divorce petition can be filed on the basis of the following factors:

  • Cruelty – If the wife physically abuses her husband. In mental cruelty, if the wife threatens her husband of suicide by any means.
  • Desertion – If the husband is deserted by the wife for at least 2 years of the time period.
  • Conversion – If the wife migrates to a different religion.
  • Adultery – If the husband finds his wife indulged in adultery with someone else.
  • Renunciation of the world – the husband can file for divorce if the wife has taken sannyasa.
  • Mental disorder – If the husband finds out that his wife is suffering from some mental disorder if she has insanity and is not capable of doing day to day life work.
  • Communicable disease – In case the husband gets to know that his wife has some communicable disease such as STI, leprosy, etc.
  • Presumption of death – If the husband hasn’t heard of his wife in a time period of 7 years.

Consult: Top Divorce Lawyers in India

2. Right to Refuse Wife’s Maintenance – As per the Indian Constitution, the husband has all the right to refuse to pay for wife’s maintenance and can defend the petition on the basis of following grounds:

  • In case the wife has left her husband.
  • In case the wife is found being in a physical relationship with someone else.
  • In case the wife marries again after the divorce.

The husband is not held accountable to pay the wife’s maintenance in case, the law finds her being capable of strong enough to maintain herself. The court may even order the wife to pay the expenses of the court proceedings if the court finds out that the husband is not able to bear the expenditure and the wife is in a good position financially.

3. Right to claim Child’s Custody – The husband has equal rights as per the law to claim custody of his child. The court will always consider the childs welfare. In most of the cases, the court transfers the right of custody to the mother. But the husband can file for custody petition and he has to show that the wife isn’t able to uphold the child’s wellbeing.

4. Right to claim the alimony – The husband has all the rights to claim for alimony. In case, the husband isn’t able to maintain himself, he can file a petition for alimony claim.

What are the documents needed to file a divorce?

Divorce can be one of the most traumatic experiences of life. It not only affects the spouses but also affects the children as well. It is highly recommended that the husband hire a professional divorce lawyer so that all the matters can be solved easily and at times. The following documents are needed to file the divorce:

  • Husband’s address proof
  • Wife’s address proof
  • Marriage certificate
  • 4 passport size photographs of marriage
  • Proof that the spouses are separated for over a year
  • Income tax statement for the last 2 to 3 years
  • Professional details and current remuneration
  • Family background details/information
  • Details of assets and properties belonging to the husband.

What things should a man consider before filing for divorce?

There are certain things which a man should be careful of when he has to file for divorce. Check the following:

  • Hire a good lawyer – Divorce can take time and can give you emotional disturbances. Hence you should hire a professional lawyer who can deal with the entire legal situation and can get the work done instantly.
  • Disjoint all joint accounts – If you have any joint accounts with your wife, you should get all such accounts disjointed so that your wife may not withdraw money.
  • Don’t establish a relationship with any other woman during the divorce proceedings – Avoid getting engaged with any woman for a relationship during the court proceedings.
  • Don’t abuse or use such behavior – Don’t do any physical or mental abuse which may get you in a doubtful situation.
  • Maintain evidence of communication – It is better to record the entire communication in any form, be it physical or digital. This strengthens the grounds of your claims.

All the points mentioned above are very small but they can lead to unfavorable situations where you may end up in trouble. Ensure that the alimony and maintenance law differs in different religions. If you are married under the Hindu Marriage Act 1955, the court allows both the husband and wife for maintenance and alimony. If the marriage has taken place under the Special Marriage Act 1954, only the wife is eligible for this privilege.

Hiring an experienced divorce lawyer can ensure that you will not have to bear the trouble. Also, for claiming the custody of the child and other rights on the grounds of points mentioned above, only a professional and experienced lawyer can help.



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