Men's rights in Divorce

हिंदी में पढ़ें
January 22, 2018
By Advocate Chikirsha Mohanty



In today’s society, both men and women are treated equally and both share the responsibility of providing maintenance to another spouse after divorce. The law on alimony and maintenance is different for different religions. For instance, under the Hindu Marriage Act, 1955 both the husband and the wife are legally entitled to claim alimony and maintenance. However, if you are married under the Special Marriage Act, 1954 only the wife is entitled to claim compensation. If a woman in India is abused, humiliated, tormented or threatened to be evicted from the house one may approach the nearest women cell but being a man, here's how one can protect his rights.

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Nearly 10,000 complaints of dowry turn to be false each year. This figure makes the Protection of Women Against Domestic Violence Act (498A) is one of the most abused law in the country. However, you need not worry. Our Indian legal system protects 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.
 

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, court grants custody to the mother of the children. However, you can plea before the court for joint custody of children. During joint custody both the parents get the legal custody but only one will have the 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? 
 

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 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.
     

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

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. There have been cases where even seemingly straightforward divorce have 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.

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What happens if a divorce issue is not resolved?

A divorce is a very complex and expensive issue in India if it is not with mutual consent. Not only the parties to divorce but their families also suffer during the entire procedure of separation. Therefore, it is essential that the procedure gets done away with as soon as possible and the suffering ends for both the parties and their families. By hiring a lawyer one can ensure that delay in getting a divorce is avoided and divorce is granted as quickly as possible.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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User Reviews


4.7 - 21 reviews
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how to find a good divorce lawyer?

Saurav on Jan 01, 2021
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please share the procedure for mutual divorce

Chetan on Dec 05, 2020
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How can I contact a divorce lawyer from your panel?

Chirag on Dec 27, 2020
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Can I get custody of my children on the grounds of my ex-wife's drinking problem?

Aditya on Dec 13, 2020
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good article on rights of men in divorce

Pallavi on Jan 01, 2021
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I want to know more about this law. Good work

Sandeep on Dec 10, 2020
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nice one. Please share more info

Chandan on Dec 20, 2020
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Satya on Jan 01, 2021
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Nice piece on the subject.

Sourabh on Jan 01, 2021
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very detailed and informative

Abhijit on Dec 09, 2020
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nice work with the article.

Venkat on Dec 24, 2020
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Gayathri on Dec 21, 2020
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Shashank on Dec 08, 2020
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Aniket on Dec 12, 2020
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Vimal on Dec 26, 2020
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Pravin on Dec 29, 2020
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Sangeeta on Dec 13, 2020
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Written plainly to be understood by anyone who is from a non-legal background.

Shweta on Dec 23, 2020
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informative

Swetha on Nov 27, 2020
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Aman on Dec 05, 2020
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Swapna on Dec 15, 2020

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