Divorce Laws for Male in India

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, and 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. 

Divorce Law in India for Husband

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 is 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 to seek a one-sided divorce with the help of the court. Talking about divorce laws for males in India, the 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 in India seem to be a dummy term since it lacks any reality.

Can a Man Ask for Divorce in India?

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 toward females. A lady approaches the court with a complaint of cruelty against her husband under IPC 498Aand the society already assumes her to be the victim. This results in the husband presupposing inhuman in their eyes regardless of whether the claims have any base. On the other hand, the 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 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. 

When can a Man Divorce his Wife in India? - Grounds for Divorce in India

Marriage and divorce are subjects of personal laws in India because of the lack of a Uniform Civil Code. Hence, the grounds may vary based on the religion of the parties to the marriage. Given below are the usual divorce grounds in Indian laws:

• Adultery - When a wife is in a physical relationship with another man, the husband can seek divorce on this ground. 
• Desertion - When a wife leaves the company of her husband without any reasonable explanation, such a deserted husband can seek divorce from the court.
• Cruelty - Physical as well as mental violence committed by a wife against her husband is a valid ground for divorce in India. Know how to prove mental cruelty by the wife before the court which ruins the mental health of the husband and harms his life. 
• Unsound Mind - When the wife suffers from unsoundness which affects the marital life of both, the husband can seek divorce. 
• Venereal Disease - If the wife is infected with an STD (sexually transferred disease), the husband can use it as a ground for divorce. Having sexual intercourse with the wife may also put the husband’s life at risk.
• Presumption of Death - If the wife has not been heard alive for the past 7 years, the husband can seek divorce from the court of law. 
• Non-Consummation - If there is no sexual intercourse between husband and wife after marriage, the husband can prove the same in court as a ground for divorce against the wife. 
• Religion Unfollowed - If the marriage took place as per religious laws and the wife has ceased to follow such religion by converting to another, the husband may file for divorce. 

Before invoking divorce laws for males 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.

Precautions Before Husband Files for Divorce

Before a husband knocks on the door of the court seeking a divorce, some business has to be taken care of by him:

• Cordial relationship with wife - Before filing a divorce petition by the husband, it is better not to get involved in any physical or verbal abuse with the wife. Any evidence in this regard before the court will weaken the case against the husband.
• Share the household - To avoid the additional financial burden of bearing the expenditures of another house, the husband should share a house with his wife.
• Manage financial interests - Before the husband invokes divorce laws for males in India, it is better to manage financial interests so that the wife does not take away everything with her. If she has a credit card attached to her husband’s bank account, cancel the same immediately. Closure of joint bank accounts is also recommended in such cases. 
• Collect documents - Any piece of evidence that proves the husband’s stance in divorce should be kept safe before bringing the matter to a court of law.
• Restrict social media - Before the divorce petition by the husband, staying away from any social media controversy is better, even while chatting with your wife. Social media gives direct evidence and these days, even WhatsApp chats are accepted as a record before courts. 

When a Wife is not entitled to Maintenance from her Husband?

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 males in India, it is usually the husband who is required to pay this amount to his wife. However, there are several maintenance cases in favor 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 a husband can deny maintenance to the wife are:

•  When a wife leaves the company of her husband without any reasonable explanation, the husband can deny maintenance.
• If the wife treats her husband with cruelty or commits adultery (in a physical relationship with a man other than her husband), maintenance can be denied.
• If the wife earns way more than the husband and is well able to maintain herself, the husband can deny maintenance to the wife.
• If a husband is an indigent (very poor) person while his wife is financially independent, maintenance is deniable.
• When a divorced wife remarries someone else, the ex-husband is free from giving any maintenance.
• The court may order payment of the husband’s maintenance by the wife if he is unable to maintain himself and the wife has sufficient means of earning.

Father’s Right to Custody

Both mother and father are usually the natural guardians of a child in most personal laws. Hence, both of them can seek custody of the children. The 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 a court of law.

FAQs on Divorce Laws for Males in India  

Q- What if the husband filed for divorce first in India?

A- The disadvantage of filing for divorce first in India is that the husband must have sufficient evidence to prove grounds of divorce beyond a reasonable doubt before the court. Otherwise, the laws do not restrict divorce petitions by the 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. A 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 his 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. 

Q- How much is a husband entitled to in divorce in India?

A- Any jewelry, valuables, or presents given to the husband by the wife's parents before, after, or during the marriage are the property of the husband. Any asset purchased in the wife's name by the husband without transferring it on as a gift does not belong to the wife. If the woman has spent the money she earned on the household, she cannot claim them back.

Q- Can an Indian man divorce his wife?

A- The husband has the right to submit a divorce petition with or without mutual consent.  The grounds for filing for the latter are the same as for a wife. Cruelty, desertion, conversion, adultery, disease, mental disorders, renunciation, and death presumption are among them.

Q- What husband have to give after divorce?

A- If alimony is paid monthly, the Supreme Court of India has established a benchmark figure of 25% of the husband's net monthly income as the amount that should be provided to the wife. A one-time settlement, on the other hand, does not have a defined amount or percentage.