The men’s rights in divorce in India vary from different personal laws. For instance, under the Hindu Marriage Act, 1955, both husband and wife are entitled to claim for alimony and maintenance. Whereby, according to the Special Marriage Act, the only wife is entitled to such claims. Both genders should be treated equally according to the law of the land. Still, there are differences in the procedure, manner, and terms on which men get divorced.
Custody of Children
If a man has children, after the dissolution of marriage, custody of the child is the first thing to be decided. In most the cases, court grants custody to the mother of the children. However, the father can plea before the court for joint custody of children. During joint custody both the parents get 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 is also called maintenance and it is the amount payable for spousal maintenance after-parties are decided by the court. Husbands can also claim alimony if they are unable to maintain themselves.
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.
The husband can file for divorce with his wife only when certain conditions are fulfilled. He can file for divorce with mutual consent or without mutual consent.
In many cases, the husband can also refuse to pay the maintenance to his wife. Such grounds are-
If the wife deserts his husband.
If commits adultery or cruelty.
If the wife has sufficient means to maintain herself.
If she is married again to another man.
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