Men's rights in Divorce

Consult: Top Divorce Lawyers in India

Here is a list of things that men should take care of before filing for a divorce-

1. Engage a good divorce lawyer- While getting a lawyer don't think about saving money because a good lawyer will ensure that your rights during divorce proceedings are protected. He will also take steps to reduce the alimony that you'll be required to pay. Some lawyers just drag the case endlessly to mint money, therefore it is crucial to choose a lawyer carefully.

2. Disjoin joint accounts and credit cards- To ensure that your wife isn't able to use your hard-earned money, the next important step is to separate all your joint accounts and change the password of your debit and credit cards.

3. Don't indulge in any relationships during the pendency of your divorce proceedings- Till the time court proceedings are pending before the court it is advisable to not engage in casual relationships to get a favorable order from the court. This helps to maintain your image in the court.

4. Do not abuse- Any sort of abuse whether mental or physical can jeopardize your case and hence you should avoid abuse at all costs.

5. Keep proof of all your communication- In order to substantiate your claims, it is pertinent to keep a record of all your communication. Men generally do not keep a record of tiny details and conversations but in matters like these, it is quite essential that all the details are kept.

6. Have a separate email for such communications- It is best to have a separate email for all such communications.

Are you a man seeking a divorce and looking at protecting yourself while keeping the opposite party's best interest in mind? Then you are at the right place. LawRato offers the best advice while covering the ins and outs of the rights of men. This blog covers all the details about grounds for divorce for a husband in India. In today's society, both men and women are treated equally and both share the responsibility of providing maintenance to another spouse after divorce. Nearly 10,000 complaints of dowry turn out to be false each year. This figure makes the Protection of Women Against Domestic Violence Act (498A) one of the most abused laws in the country. The law on alimony and maintenance is different for different religions. Under the Hindu Marriage Act, for example, both husband and wife can claim alimony, ensuring neither is left stranded. However, if you married under the Special Marriage Act, only the wife has this right. But what if you're a man facing abuse, humiliation, threats of eviction, or similar issues? While women's support systems are well-established, men too have options.

Our Indian legal system protects and guards both genders equally. As per the current law, there is a penalty of Rs.15,000 in case it is found that the case is false. While filing for divorce, the most important thing is to decide on child custody and alimony. Here is what men should know when it comes to these issues.

Rights of Men in Divorce

If you have decided to go with divorce, then there are things that should be kept in mind as men to ensure a favourable response by the court. They should ensure a cordial relationship, which should exclude physical, verbal, or sexual abuse. Shared housing saves money and simplifies document gathering. Avoid extramarital relationships until the divorce is final, and keep your social media clean, without any nasty messages, texts, threats, or abuse sent to the wife in the heat of the moment. Before filing for divorce, as a ground of divorce for a husband, you must consider any financial transactions that you need to make. These decisions can impact how assets are divided, especially it is a mutual divorce. If you worry your spouse might misuse shared accounts or credit cards, take action to protect yourself. This could involve cancelling cards, withdrawing funds, or opening separate accounts.

Grounds of divorce for husband

The husband has the option to initiate proceedings under specific circumstances. These circumstances include the possibility of filing for divorce with mutual consent or without mutual consent. Based on the grounds of divorce for a husband in India, circumstances, where the husband may initiate divorce proceedings without the need for mutual consent, include:

1. Cruelty & ndash If a wife subjects her husband of cruelty, then husband in such situations has the legal right to initiate divorce proceedings. Cruelty can be in various forms which includes physical, mental, emotional, or any other type of mistreatment. Acts such as physically assaulting the mother-in-law, demanding a separate residence, depleting the husband's financial resources, or abandoning the husband all constitute acts of cruelty that can justify seeking a divorce.

2. Desertion- If a wife leaves her husband without any justified reason or any intimation about it. The husband, such situations, has the legal right to seek a divorce.

3. Adultery& ndash If the wife engages in sexual activity outside the wedlock, that is with person other than her husband. The husband, such situations, has the legal right to seek a divorce.

4. Conversion- If the wife chooses to adopt a religion different from her original faith.

5. Renunciation of the world- If the wife embraces a life of celibacy or renounces worldly pursuits through any means.

6. Mental Disorder- If the wife experiences a mental illness or any form of insanity that renders her unable to perform her usual daily tasks and responsibilities, certain legal considerations may come into play. The Supreme Court emphasized that every schizophrenia case should be evaluated individually. While medical evidence about the level of mental disorder is important, it is not the sole determinant.

7. Venereal Disease- If a wife is afflicted with any venereal disease of infectious forms like HIV/AIDS syphilis, gonorrhea, or a virulent and incurable form of leprosy. The husband, in such situations, has the legal right to seek a divorce.

8. Presumed Dead- If a wife has been absent and there is no knowledge of her whereabouts or contact for a continuous period of seven years, the law presumes her to be deceased. It is important to mention that each situation is unique. Consulting a lawyer will be beneficial to you once you decide on path forward. Trust LawRato's & lsquo Ask a Free Legal Question' or & lsquo Free Legal Advice' feature and get solutions to all of your legal issues.

   Complete Guide to Mutual Divorce

Custody of Children

If you have children, after the dissolution of marriage, custody of the child is the first thing to be decided. In most of the cases, the court grants custody to the mother of the children. However, you can plea before the court for joint custody of the children. In most of the cases, the court grants custody to the mother of the children. However, you can plea before the court for joint custody of the children. During joint custody both the parents get legal custody but only one will have physical custody of the child and will be the child's primary caretaker. In some of the recent judgments, the court has granted sole custody to fathers as well. While granting custody, the court held that custody will be given to the parent who can bring up the child in a better way. The welfare of the child is given more importance than the gender of the parent.

Alimony

Yes, husbands can also claim alimony if they are unable to maintain themselves. Alimony is also called maintenance and it is the amount payable for spousal maintenance after parties are decided by the court.

A husband can also file a divorce petition on the ground of mental stress and cruelty done by the wife. In various cases, the court has held that the husband is entitled to relief of divorce on the grounds of cruelty. Related Post: How to get Alimony in India?

All such steps may sound calculative and shrewd but they are essential to succeed in the divorce battle.

When a Wife is not entitled to Maintenance from Husband?

Alimony or maintenance is defined as the amount paid by one spouse to another after a divorce to help support the spouse who is not financially self-sufficient. In India, under latest divorce laws, in India husbands are generally required to offer financial support to their wives. Examples where a can refuse to pay maintenance are:

• If a wife leaves her husband without a valid reason.

• If wife subjects her husband to cruelty or committees' adultery.

• If the wife earns more than her husband and can support herself well or the husband is indigent.

• If the divorced wife re-marries.

• The court can also mandate a wife to financially support her husband if he does not have the means to support himself.

How men can protect their finances while going through a divorce

Divorce is a challenging and emotionally draining experience for the spouses and even their families. Click here to know more details about the divorce procedure in India. In India, women have historically been victim of financial dependency and various forms of abuse in divorce cases. Unfortunately, in the efforts to crop atrocities against women, rights of men's during divorce often go unnoticed. To safeguard their financial interests during divorce, men should take proactive measures to ensure they receive their fair share in the settlement. In a divorce, men must understand the grounds for divorce for husband details in India. Sometimes, women may use strategies like falsely accusing their husbands of abuse, such as invoking Section 498A of the Indian Penal Code, to exert pressure. It is imperative to address and not condone such acts. Men should take proactive measures to safeguard their rights, such as seeking legal counsel and considering mediation when necessary. Additionally, seeking guidance from financial experts can offer valuable insights on effectively handling one's finances to avoid an inequitable distribution of assets or insurmountable debt after a final settlement is reached. In legal matters, particularly in divorce cases where financial protection is crucial, having the right knowledge is essential.

Why filing divorce can be dangerous for men

In India, family court delays can catch people off guard. Divorce cases typically wait 1.5-2 years before starting, and judges take another 5 years for a thorough review. The court prefers couples to agree on divorce (mutual consent), but contested cases can drag on for 7-10 years. Unfortunately, this extended timeframe is more common than rare within the system. Many applicants seek relief from their circumstances, often driven by frustration. They typically do not gather substantial evidence and simply need to inform the court that their spouse has departed and has yet to return. In the most extensive scenario, there may be messages from the wife stating that she is willing to return if certain conditions are met, such as finding a new residence and not residing with parents. These messages cannot definitively establish whether the wife intentionally left her husband or if she was compelled by her parents, as the latter is likely to be her consistent explanation. The current trend of women's empowerment emphasizes that her statements, even if they contain inconsistencies or falsehoods, will be taken seriously in comparison to his efforts to defend his parents.

Why your divorce is not MRA's problem or men's rights issue?

Individuals experiencing difficult marriages often turn to men's rights groups for assistance. They believe that their circumstances align with those typically associated with these groups, and as a result, they assume they qualify for guidance on divorce from their spouses. They seek this support as part of the free social services offered by Men's Rights Activists (MRAs) to address issues related to 498A/406 criminal cases, maintenance, and domestic violence (DV) cases. In most cases, the observation is quite different. It has been noted that men who are overly eager to get a divorce often struggle to maintain their patience and composure for an extended period. Typically, they reach their breaking point within approximately two years, whether due to mounting frustration or a sense that time is passing them by. Consequently, they are often the ones to initiate discussions about mutual settlements with their wives. Many individuals perceive this matter solely as a personal concern, seemingly disconnected from broader societal or justice considerations. However, it is worth noting that Men's Rights Advocacy (MRA) can play a role in addressing these personal challenges. It is highly unlikely that they will make any effort to support men's rights. Many men seeking divorce often avoid engaging in activism, fearing that it might harm their prospects of finding a second marriage by creating the perception of being anti-women. It is highly likely that if someone receives effective guidance leading to a divorce without any alimony obligations, they might distance themselves from Men's Rights Activists (MRAs) and pat themselves on the back for achieving their goals without contributing to any broader cause or helping others. In India, one commonly accepted definition of 'smartness' includes this aspect. If you are considering divorce, here is some straightforward advice: Take ownership of the process and do not seek guidance from MRAs (Men's Rights Activists) on avoiding maintenance or alimony payments. Divorce requires self-respect, courage, patience (often over 2 years), and the ability to handle uncertainty.

How can a lawyer help with divorce proceedings?

Divorce is an emotionally and financially draining time. Irrespective of the type of divorce you seek (i.e. mutual or contested), it's important you have a lawyer by your side who can guide you through the complex procedure of divorce. Having a consultation with an experienced and well-versed divorce lawyer can help you in numerous ways. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers. There have been cases where even seemingly straightforward divorce has become complicated and only a lawyer who is an expert in handling such situations can help you get through such circumstances. Additionally, a lawyer can help you litigate your case If you need to and can guide you in resolving other issues associated with divorce such as child custody, alimony, etc

What happens if a divorce issue is not resolved?

Divorce in India can be a complicated and stressful experience, especially when with mutual consent both spouses don't agree. It not only affects not just the couple but also their families. Finding a quicker resolution minimizes the emotional toll on everyone involved. Hiring a lawyer and understanding your specific circumstances helps plan the process efficiently and potentially obtain a divorce decree sooner.