“Divorce isn’t such a tragedy. A tragedy’s staying in an unhappy marriage, teaching your children the wrong things about love. Nobody ever died of divorce.”
Jennifer Weiner
Introduction
Men and women are treated equally in today’s society, and both are equally responsible for paying the other spouse’s maintenance following a divorce. Where the law treating eqyally gives husband rights in Divorce. Alimony and maintenance laws differ according to religion. Under the Hindu Marriage Act of 1955, for example, both the husband and the wife have the legal right to seek alimony and maintenance.
If you married under the Special Marriage Act of 1954, however, only the wife has the right to seek compensation. If a woman in India suffers abuse, humiliation, anguish, or is threatened with eviction from her home, she can go to the nearest women’s cell, but a man can defend Husband rights in Divorce by self as well.
Also Read : What Are Alimony Laws In India? Can Husband Claim Alimony?
What are the Legal Right of Husband in Divorce?
Despite the fact that the laws in India favour women more, men have the right to divorce. The law of the land requires that both genders be treated equally. However, there are same in the Divorce process in India, attitude, and conditions for men as for women.
Different personal laws in India have different effects on Husband rights in Divorce. Under the Hindu Marriage Act of 1955, for example, both the husband and the wife are eligible to seek alimony and maintenance. As a result of the Special Marriage Act, the sole wife is qualified to make such claims.
A male has the right to petition the appropriate court for a divorce decree. Furthermore, a husband may petition the court for alimony in India, maintenance, and possibly child custody.
Does husband has any Rights to get Divorce?
The husband may begin the divorce proceedings with or without the consent of the other party. The same grounds apply for filing for the latter as for a wife. Among them are cruelty, abandonment, conversion, adultery, illness, mental condition, renunciation, and the assumption of death.
Before filing for divorce, men should keep a few things in mind to ensure a favourable outcome from the court. They should ensure that there is no physical, verbal, or sexual abuse and that the relationship is pleasant. Even though it may be difficult, it is best to continue living together in order to save money on a second home and make gathering all divorce-related paperwork easier. Furthermore, because it will undoubtedly harm your case, it is preferable to avoid beginning an extramarital relationship before the divorce is finalized.
One should make any financial sales or acquisitions before filing for divorce because they will affect how physical and financial assets are divided if the divorce is unconsented, which will be majorly considered as Mutual Consent Divorce. However, if you believe your wife will misuse the card or deplete a joint bank savings account, you should cancel it and withdraw cash before filing for divorce.
What are the Alimony Rules India? Can Husband also Claim Alimony?
Alimony, also known as maintenance in India, is the legal obligation of one spouse to financially support the other spouse following a divorce. Alimony is intended to ensure that both spouses can maintain a similar standard of living after the divorce as they did during the marriage.
The court will consider several factors under Indian law when determining the amount of alimony to be paid, including:
Both spouses’ financial resources, including their income, property, and assets.
Both spouses’ financial requirements.
The standard of living enjoyed by the spouses during their marriage.
Both spouses’ ages and health.
The length of the marriage.
Both spouses’ earning potential.
Any contribution made by one spouse to the other spouse’s education, training, or career advancement.
Based on these and other relevant factors, the court has the discretion to determine the amount and duration of alimony. Alimony may be ordered to be paid temporarily in some cases, while it may be ordered to be paid permanently in others.
What are the Grounds of Filing for Divorce ?
When certain conditions are met, the husband and wife can file for divorce. He has the option of filing for divorce with or without the consent of the other party.
A husband may file for divorce without the consent of both parties for a variety of legal reasons, including the following:
Cruelty
Section 13(1)(i) of the Hindu Marriage Act of 1955 provides for divorce based on cruelty (a). If the wife is cruel to her husband, the husband has the right to file a divorce petition. Cruelty can be physical, mental, emotional, or any other type. Cruelty includes slapping the mother-in-law, insisting on a separate residence, emptying the husband’s bank account, and abandoning the husband.
Desertion
Desertion is a ground for divorce under Section 13(1)(b) of the Hindu Marriage Act of 1955. If his wife abandons him for no valid reason and without informing him, the husband has the right to divorce.
Adultery
Indian Penal Code, Section 497, 1860. “It is stated that whoever knowingly engages in sexual intercourse with the wife of another man without his consent shall be charged with the offence of adultery.” If the wife engages in any sexual activity outside of marriage, she is said to have committed adultery, and the husband has the right to divorce.
Change in Religion
If the wife converts to a religion she did not previously practise.
Renounced the World
If the wife becomes sanyasi or has renounced the world in any other way.
Unsoundness of mind or lunacy
of the respondent is also a ground for dissolution of marriage under the Hindu Marriage Act of 1955 and the Muslim Marriages Act of 1872. If the wife suffers from any mental disease or insanity that renders her unable to carry out the normal activities that she would have carried out otherwise. According to the Supreme Court, each case of schizophrenia must be evaluated on its own merits. The medical evidence concerning the required level of mental disorder is relevant but not conclusive.
Any Venereal Disease
If the wife has HIV/AIDS, syphilis, gonorrhoea, a virulent and incurable form of leprosy, or any other infectious venereal disease.
Abondoned for Long
Not found for seven years– If the wife is not seen or heard of for seven years, she is presumed to be dead.
Alimony/Maintenance- Husband Rights in Divorce?
Can Husband Seek Alimony/Maintenance in Divorce?
Yes, a spouse who is unable to support himself may seek alimony. Alimony in India, also known as maintenance, is the amount due for spousal maintenance after the court has decided on the parties.
A husband may also file for divorce if his wife has been unkind and mentally taxing him. In a number of cases, the court has ruled that the husband rights in divorce based on cruelty where husband is entitled to relief from.
Can Husband Refused to Pay Maintenance in Divorce?
On certain grounds, the husband may also refuse to pay his wife’s maintenance. Such grounds include:
1. If his wife deserts him.
2. If she marries another man again.
3. If he or she commits adultery or cruelty.
4. If the wife has enough money to support herself.
If the woman is self-sufficient, the husband is not required to provide interim maintenance. Furthermore, if the wife is capable of supporting herself and the husband is unable to support himself and pay the court fees for the procedure, the court may order her to do so.
Can Husband Seek Custody of the Child in Divorce?
Husband Rights in divorce when observe cases involving partners who have children out of wedlock, one of the most important factors for either parent to consider is child custody. In some cases, the father may also be entitled to child custody. Because the child’s upbringing and welfare are of the utmost importance, the husband may approach the court and demonstrate that he is in a better position than the wife to raise the child.
The welfare of the child takes precedence over the gender of the parent. If you have children, determining child custody is the first issue to be resolved following a divorce. The mother of the children is usually granted custody by the court.
You may, however, request shared custody of the children in your pleading. While both parents have legal custody during joint custody, only one parent has physical custody and is the primary carer for the child. In other cases, the court has recently granted fathers sole custody. When deciding on custody, the court decided that the parent who can best raise the child would be given preference. A child’s well-being is given more weight than an adult’s.
Landmark Judgements
Adhyatma Bhattar Alwar Vs Adhyatma Bhattar Sri Devi dated 6th November 2001- Superme Court of India
“Dessertion- Held, the essential ingredients of, are i) separation in fact and ii) animus deserendi, the intention of bringing cohabitation permanently to an end by the deserting spouse, and on behalf of deserted spouse the absence of consent and absence of conduct motivating the desertion-Burden on petitioner for divorce to prove these ingredients.
Meena Rani Vs. Madan Lal dated 30th March 1995 – Punjab-Haryana High Court
“By withdrawing herself from the society of the husband she has treated him with cruelty hence Divorce granted to Husband”
Satish Sitole Vs Ganga dated 10th July 2008- Supreme Court of India
Marriage between the parties is dead for all practical purposes and there is no chance of it being retrieved, the continuance of such marriage would itself amount to cruelty.
Conclusion
It is false to assert that males in India have no right or very few reasons to divorce because the law always favours women, but only when they are exploited. A disgruntled spouse can always go to court to get a divorce, and the court will always favour the person who was exploited outside of marriage. Husband rights in Divorce have multifold provisions when it comes to divorce. All they need to do is hire a reputable attorney and pursue legal remedies.
Ref:
[1] P. Swaroopa Rani Vs. M. Hari Narayana @ Hari Babu 2008 (3) SCALE 501
[2] Sharda v. Dharmapaul 2003 (4) SCC 493.
Disclaimer
The views expressed in the blogs are purely the authors’ own, and they are not intended to offend anyone or to be prejudicial toward or against any individual, group of individuals, society, sex, gender, race, creed, nation, or religion, or any other term that is even remotely and closely connected. Legal-Varta is a platform for disseminating knowledge so that everyone can comprehend the legal system better. In order to avoid any misrepresentation and since it is even not advisable to do so, only content that is directly related to the Law and Statute is included in the articles. If any misrepresentation is discovered, however, we are willing to amend it because it is only for everyone’s advantage.
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