Introduction
The rise in divorce and marital conflicts in India has created complex legal issues in addition to emotional suffering. Although women’s rights have been suitably strengthened throughout time by progressive legislation, men’s legal rights in the context of divorce are still not sufficiently acknowledged.
Many men remain unaware of their legal rights during divorce and often feel compelled to comply with unreasonable demands simply due to a lack of guidance. It should also be emphasised that there is a substantial amount of legal rights about divorce that remain under-researched and under-reported on for most men, even those involved in divorce.
While women are often viewed as the more vulnerable spouse, men, too, have specific rights and protections under the law.
Filing for Divorce
Under Section 13 of the Hindu Marriage Act,1955, both the husband and the wife have equal rights to petition for dissolution of marriage on specific fault-based grounds, like Cruelty (mental or physical), Adultery, Desertion for over 2 years, Conversion to another religion, Mental disorder, Incurable disease, Non-resumption of cohabitation after a judicial separation.
In recent years, Indian courts have increasingly recognised mental cruelty, which may include false allegations, humiliation, manipulation, emotional abuse, or unreasonable withdrawal of companionship.
Men also have the right to file a petition for Restitution of Conjugal Rights, where the husband can petition a court to compel his wife to return to cohabitation when they have withdrawn from the marriage without reasonable cause, essentially restoring the right to the other’s society, companionship, and marital duties. The wife can also file a petition for Restitution of Conjugal Rights.
This right can be exercised under Section 9 of the Hindu Marriage Act, 1955 for Hindus, to Muslims under general law, to Christians under Section 32 and 33 of the Indian Divorce Act, 1869, to Parsis under Section 36 of the Parsi Marriage and Divorce Act, 1936 and to persons married according to the provisions of the Special Marriage Act, Section 22 of the Special Marriage Act, 1954.
Can the Husband claim maintenance?
One of the biggest worries men express during divorce is the fear of financial ruin. The term “alimony” often triggers fear, mainly because of misconceptions. Indian law does not automatically require husbands to pay maintenance or alimony in every case. Instead, courts examine the financial circumstances of both spouses.
Courts may deny or reduce maintenance where the wife is capable of maintaining herself, already earning sufficiently, and is qualified to work, has deserted the husband without a valid reason, or has committed adultery. In the case of Mamta Jaiswal vs Rajesh Jaiswal (2000) DMC 170, the Madhya Pradesh High Court held that if a woman chooses to remain idle despite having the ability to earn, she is not entitled to maintenance.
In India, only the Hindu Marriage Act, 1955, provides for the maintenance of both husband and wife. Under Section 24, a “deserving man” who does not have an independent income sufficient for his living and support and does not have the necessary expenses for the proceeding can claim Maintenance from his wife if his wife can afford to do so. Section 25 allows permanent alimony and Maintenance to the husband. It obligates the wife to pay such gross sum or monthly or periodical sum for the husband’s lifetime, keeping in mind the wife’s income and property.
In the case of Kanchan v. Kamalendra, AIR 1993 Bom 493, the Supreme Court observed that Section 24 allows not only the wife but also the husband to seek maintenance pendente lite if he can demonstrate that he has no independent source of income. However, the husband must prove to the court that he is unable to earn and support his family due to a physical or mental disability.
Child Custody Rights for Fathers in India
Mothers were always given primary custody of children, especially minors. However, courts are now leaning towards shared parenting models because children benefit from having both parents involved in their lives. There have been cases of increased joint custody decisions to make sure fathers remain an active part of their child’s life, and it is also ensured that Fathers may get secure primary custody in cases where they are financially and emotionally more stable. Fathers are given more flexible visitation rights, giving them enough time with their children. Many recent cases show that custody decisions are now based on the best interests of the child, rather than just traditional gender roles.
Protection against False Charges
Domestic violence, dowry, and harassment false allegations are among the biggest legal challenges men face during divorce. Such blame can significantly impact the court’s judgment, and men’s rights can be compromised in such situations.
Men falsely accused can take actions such as applying for Anticipatory Bail (Section 482 BNSS) to prevent immediate arrest, filing an FIR quashing petition, filing a Defamation case, or filing a Counter-Complaint for mental cruelty or misuse of law. In the case of K. Srinivas Rao v. D. A. Deepa, AIR 2013 SC 2176, it was held by the Supreme Court that making unfounded, indecent, defamatory allegations against the spouse or their relatives in the pleadings amounts to causing mental cruelty to the other spouse. Beyond substantive rights, Men in India also have several critical procedural rights during divorce proceedings to ensure fairness and transparency.
The husband has the right to have a lawyer represent him, the opportunity to present his case adequately, as guaranteed under Articles 14 and 21 of the Constitution, and the ability to appeal. Family Courts usually conduct hearings in private to protect the dignity and privacy of both parties to the marriage. In addition, the husband can opt for a divorce by mutual consent under Section 13B of the Hindu Marriage Act or Section 28 of the Special Marriage Act, in which case the parties can settle all issues, including alimony and child custody, without the need for prolonged court proceedings.
An understanding of the existing legal protections helps restore some balance and limits the misuse of or undue pressure on men during separation. This is also where a skilled lawyer plays a crucial role, helping to support men in navigating the legal system, protecting their rights in court, assisting with a fair negotiation of the settlement, and ultimately developing an outcome that respects the laws and the dignity of all parties involved.