A wife may or may not become a maid after marriage, but, a husband is always the ATM of the house once he gets married. Even the laws do not support the individuality of a husband. A man in India bears the responsibility of his wife, children, parents regardless of how he is being treated. When a marriage comes to an end, it requires healing for both husband and wife. While the wife needs emotional support, the husband has to keep aside his emotions and plan for the wife's alimony from his salary regardless of his obligations of house loan, parent’s expenses in their old age or any other financial liabilities. Find out how divorce laws in India affect the male counterpart and how he can safeguard his interests.
There are numerous laws for married women to safeguard their interests. But when it comes to men, they have to put in efforts to keep away from false allegations of cruelty and violence as alleged by the wife. The reason being that our society presumes a woman to always be a victim. The fact that men can also be victims of bad marriages is often thrown out of the window. Marriage laws allow mutual consent divorce when both husband and wife are ready. But in case one of them is not willing to end the marriage, the other spouse has to prove certain aspects in order to seek a one-sided divorce with the help of the court. Talking about divorce laws for male in India, climax of marriage accompanies maintenance/ alimony duties over the husband. If the divorcing couple has one or more children, then who gets custodial rights is also an important question to be decided legally. Hence, men's rights in divorce India seem to be a dummy term since it lacks any reality.
People often ask ‘What happens when a man files for divorce?’. The divorce laws in India do not restrict any person from filing first. However, divorce advocates usually do not advise the same to their male clients since the laws are more tilted towards females. A lady approaches the court with a complaint of cruelty against the husband under IPC 498A and the society already assumes her to be the victim. This results in the husband presupposed inhuman in their eyes regardless of whether the claims have any base. On the other hand, disadvantages of filing for divorce first in India involve a complete burden of proof on the husband. In this case, the husband will have to prove reasons for divorce beyond any doubt and prove himself to be a victim to convince the court. In Indian society, it is a big deal to prove a man to be a victim of anything.
Marriage and divorce are subjects of personal laws in India in lack of a Uniform Civil Code. Hence, the grounds may vary based on the religion of parties to marriage. Given below are the usual divorce grounds in Indian laws:
Before invoking divorce laws for male in India, in-person consultation with a local advocate can help understand the legal twists. So if you are located in Kolkata, having a divorce lawyer in Kolkata by your side can ease the process.
Before a husband knocks the door of the court seeking divorce, some business has to be taken care of by him:
Maintenance or alimony right is the amount paid by one spouse to another after divorce to support the financially incapable spouse. As per divorce laws for male in India, it is usually the husband who is required to pay this amount to his wife. However, there are several maintenance cases in favour of the husband whereby either he has been exempted from paying maintenance/ alimony to his wife, or the wife is made to pay maintenance to her husband. Some of the scenarios when husband can deny maintenance to wife are:
Both mother and father are usually the natural guardians of a child in most personal laws. Hence, both of them can seek custody of children. Decision over child custody after divorce is another big battle for the male. If the father is in a better state to take care of the child as compared to the wife, he may be granted child custody by the court. Detailed discussion with child custody lawyers may help find the best suited path to prove in court of law.
Q- What if husband filed for divorce first in India?
A- Disadvantages of filing for divorce first in India is that the husband must have sufficient evidence to prove grounds of divorce beyond reasonable doubt before the court. Otherwise, the laws do not restrict divorce petition by husband.
Q- When can a man divorce his wife in India?
A- If it is not a mutual divorce, the husband has to prove one of the divorce grounds for male for grant of divorce by the matrimonial court. It includes adultery, cruelty, desertion, etc.
Q- Can a man divorce his wife for any reason?
A- Yes, a husband can divorce his wife. However, the reason has to be specific, proving that it is impossible for the husband to continue the marriage. Mere statement before the court that the marriage should be terminated does not work.
Q- What happens when a man files for divorce?
A- When a husband files for divorce in India, he has to prove with all might against his wife since matrimonial laws in India favour women more. If the husband is unable to prove the same, divorce is not granted and it may invite more legal trouble for him.