Men’s rights in Divorce


Men’s rights in Divorce

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 Hindu Marriage Act, 1955 both the husband and the wife are legally entitled to claim alimony and maintenance. However, if you are married under Special Marriage Act, 1954 only the wife is entitled to claim compensation. As men, you are also entitled to maintenance which if not agreed by the If you are abused, humiliated, tormented and threatened to be evicted from the house you may approach the nearest women cell but do you know what to do if this happens to men in India.

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 the gender equality. 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.

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

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

  1. Engage in 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 earn 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 favourable 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 jeopardise 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.

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