A Marriage in the Hindu culture is seen as divine, sacred and religious institution it not only involve the union of two individuals but also a union of two families and it is believed that this tie is for 07 janams (07 lives ) there is no concept of divorce in Hindu mythology
Whereas different cultures have different concepts of marriage and specifications of marriage can vary greatly across cultures for example Marriage in Islam is seen as a contract.
The Indian legal system has blended the two, and gives the option to man/ woman to choose whether you want it to last for 7 lives ahead or one (the present) is enough. In simpler terms all of us today have the legal right to opt out of the “holy matrimony” if it no longer aligns with your idea of marriage.
Many men are unaware of the rights and responsibilities that men have while terminating a matrimonial tie. Several men think that they will have to agree to the wife’s terms and conditions. It is a misunderstanding and unawareness of law and it is completely not true. Men have all of the rights that a lady has including the right to custody and visitation of their kids a fair distribution of assets, equitable distribution of all debts, maintenance and child maintenance.
Understanding Divorce Laws for Males in India
The man (husband) has a right to file a petition for Divorce with or without mutual consent .The grounds for filing Divorce are the same for man as that for a woman. And men has mostly all the rights a lady has as per Indian law .The grounds for divorce are torture, desertion, cast conversion, adultery, mental disorder, repudiation and assumption of death and more.
Grounds for Divorce For Men In India
The Hindu Marriage Act,1955 originally recognized the fault based grounds for obtaining the decree of divorce for both man and woman For this purpose, nine fault grounds were mentioned in Sec. 13(1) of the Act, on which either the husband or wife could sue for divorce, besides this the degree of divorce can also be obtained with mutual consent , the fault base grounds are as follows:
- Adultery:
One of the spouses having voluntary sexual intercourse with any person other than his/her life partner than he or she is liable for adultery - Cruelty:
One spouse treating the other spouse with cruelty , there must be such wilful treatment of the party which caused suffering in body or mind either as an actual fact or by way of apprehension - Desertion:
One spouse deserts the other spouse for a continuous period not less than two years immediately preceding the presentation of the petition. - Conversion:
One of the spouses ceased to be a Hindu by conversion to another religion. - Insanity:
One of the spouses has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder to such an extent that the petitioner cannot reasonably be expected to live with such spouse. - Leprosy:
In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground. - Venereal disease :
The court may consider any relevant evidence that can help establish that the infected spouse has a communicable form of the disease and that the other spouse was aware of the condition at the time of marriage. - Renunciation:
One of the spouses has renounced the world by entering any religious order - Presumption of death :
the person is presumed to have died, if the family or the friends of that person does not hear any news about the person alive or dead for seven years. It is considered as the valid ground for divorce, but the burden of proof is on the person who demands the divorce.
Divorce by Mutual Consent Under Indian Law
Both spouses agree to the divorce and can file a petition together under the Section 13B, stating that they have been living separately for at least one year and have mutually agreed that the marriage should be dissolved. This provision also requires a cooling-off period of six months from the date of the petition to ensure that the decision is not hasty.
Rights of Men During A Divorce Process In India
In a divorce, the rights of an individual can vary depending on the jurisdiction and the specifics of the case, but generally speaking, there are several common rights that men (and women) typically have , here is list of men’s right in a divorce
1. Right to Equal Treatment
Under Indian law, men have the right for equal treatment in divorce proceedings. The principle of equality before the law is enshrined in the Indian Constitution, and this extends to divorce cases also. This means that men have the right to a fair and unbiased hearing, just as women do.
2. Right to Contest Divorce Grounds
In India, divorce can be filed on various grounds, including cruelty, adultery, desertion, and mutual consent etc. Men have the right to contest the grounds on which the divorce is filed. For instance, if a wife files for divorce on grounds of cruelty, a husband can present evidence and arguments to refute these claims. The burden of proof lies with the petitioner, whether it is the husband or the wife.
3. Right to Fair Alimony and Maintenance
Alimony and maintenance are critical aspects of divorce proceedings. A man may be entitled to or responsible for spousal support, depending on the circumstances. The determination is usually based on factors such as the length of the marriage, the financial needs of the spouse, and each party’s ability to support themselves
Section 24 of the Hindu Marriage Act 1955 provides for the Maintenance of Pendente Lite and the expenses of the proceeding to the husband. Section 25 provides the husband with the right to get permanent alimony and Maintenance.
While traditionally men have not been the recipients of alimony, there are circumstances where courts have granted maintenance to men, especially in cases where the husband is unable to support himself and has no other means of income.
4. Right to Custody of Children
Custody of children is often one of the most contentious issues in divorce cases. Child support obligations are determined based on guidelines that consider both parents’ incomes and the needs of the child. and gender should not be a deciding factor. Men have the right to seek custody of their children and are evaluated based on their ability to provide a stable and nurturing environment. Men have the right to seek visitation rights and play an active role in upbringing of their children
5. Right to Property and Assets
During divorce proceedings, division of property and assets is a key issue. Men have the right to a fair share of the marital property and assets. The division is generally based on principles of equity and fairness. While personal and inherited properties are typically excluded from this division,
It happens that during the happy days husband buys property in the name of his wife, therefore, so it is better for men to keep proofs of their contributions in purchase of properties , the court will consider contributions made by both the parties during the marriage and decide accordingly , If the wife is given permanent alimony, she cannot claim share in the property.
6. Right to Challenge False Allegations
These days there is a trend in India to file false criminal cases against husband like “Demand of Dowry” , “Domestic Violence” and adultery etc.
In divorce proceedings, it is not uncommon for false allegations to surface. Men have the right to challenge any false claims made against them. This can involve contesting allegations of cruelty, abuse, or misconduct. The legal system allows men to present evidence and defend themselves against any false charges.
7. Right to Legal Representation
Men have the right to legal representation throughout the divorce process. Hiring a knowledgeable attorney can significantly impact the outcome of your case. A lawyer can help navigate legal complexities, ensure that your rights are upheld, and represent your interests effectively in court.
8. Right to Privacy
Divorce proceedings can be invasive, but men have the right to privacy. Confidentiality regarding personal and sensitive matters should be maintained throughout the process. It is essential to ensure that any private information disclosed during the proceedings does not become public.
9.Decision-Making:
Men have the right to participate in negotiations and decision-making regarding the divorce settlement and child custody arrangements.
10.Appeal:
If a man believes that the court’s decision was unjust or incorrect, he generally has the right to appeal the decision.
Each case is unique, so the specific rights and entitlements can depend on various factors, including the local laws and the individual circumstances of the divorce. Consulting with a family law attorney can provide guidance tailored to a person’s specific situation.
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 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 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 alimony by the wife if he is unable to maintain himself and the wife has sufficient means of earning.
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 498A and 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.
Precautions To Be Taken By Husband Before Filing The Divorce
Before a husband knocks on the door of the court seeking a divorce, some business has to be taken care of by him:
- No verbal or physical abuse 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 invoking divorce proceedings 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.
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, conversion, disease, mental disorders, renunciation, and death presumption 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 jewellery, 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- What does a 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.
Q. What are men’s rights when it comes to dividing marital property?
A-Both spouses typically have the right to a fair share of marital property, which includes assets and debts acquired during the marriage. personal and inherited properties are typically excluded from this division,
Q. Can a man receive spousal support (alimony) from my ex-spouse?
A-Yes, spousal support is not gender-specific. Either spouse can be entitled to receive or required to pay alimony, depending on factors like the length of the marriage, the financial disparity between the spouses, and the recipient’s needs.
Q. What rights do men have regarding child custody?
A- Man has the right to seek custody of children and to be involved in decisions about their upbringing. Custody decisions are made based on the child’s best interests, and fathers are entitled to fair consideration. Joint custody is a possibility if it serves the child’s best interests.
Q. How is child support determined?
A-Child support is typically calculated based on guidelines that consider both parents’ incomes, the needs of the child, and sometimes the custody arrangement. The goal is to ensure that the child’s financial needs are met.
Q. Can I contest a custody or support decision if I disagree with it?
A-Yes, men have the right to contest custody or support decisions if you believe they are unfair or not in the best interest of your child. This can be done through legal motions or appeals.
Q. What should I do if I feel the divorce process is not being handled fairly?
A-If you believe that the divorce process is not being handled fairly or if you face discrimination, you should consult with a family law attorney. They can help ensure that your rights are protected and that you receive a fair outcome.
Q. How can a man protect his privacy during a divorce?
A-Ensure that any personal or financial information is shared only with necessary legal professionals and is protected by legal confidentiality. Your attorney can help you maintain privacy and ensure that sensitive information is handled appropriately.
QA. What if I cannot afford an attorney?
A-If you cannot afford a private attorney, you might qualify for legal aid or pro bono services provided by some organizations or legal clinics. Additionally, some courts offer resources for self-represented individuals.
Q. What happens if my ex-spouse doesn’t adhere to the divorce decree?
A-If your ex-spouse fails to follow the terms of the divorce decree, such as failing to pay court-ordered support or not complying with custody arrangements, you can file a motion with the court to enforce the decree.
Q. Can a man appeal a divorce decision?
A-Yes, man have the right to appeal a divorce decision if you believe there has been a legal error or if the decision is unjust. An appeal must usually be filed within a specific timeframe and involves reviewing the case at a higher court.
Conclusion
These FAQs cover common concerns, but individual circumstances can vary greatly. Consulting with a family law attorney can provide personalized guidance tailored to your specific situation.
