Know your rights in divorce and ensure that your future & finances are safe. Read here to learn about men’s rights over child custody and assets after divorce.
In India, where women generally have to face emotional and financial hardships due to cases of domestic violence and dowry, they often get support and sympathy. However, divorce can be painful, even for men, since their rights get overlooked. Section 498A, which provides a penalty for cruelty committed by husbands and their families, often gets misused by women. There have been cases where women have used fake abuse or dowry cases to pressure their husbands during a divorce.
So, what are men’s rights in divorce? LawUpskills will provide you with the best advice. You should know that men have the same rights as women, like the right to child custody and support, alimony, maintenance, and a fair and just distribution of assets and liabilities. A husband can also file a divorce petition with or without mutual consent. This article will cover all the crucial aspects of divorce law in India, its types and grounds, and the husband’s rights in detail.
Types of Divorce
Mutual Divorce: Both spouses agree to dissolve the marriage and file a joint petition. It’s quicker and less costly, involving mutual settlement of child custody, alimony, and asset division.
Contested Divorce: One spouse does not agree to the divorce, leading to disputes resolved in court. This process is
longer and more expensive due to multiple hearings and legal complexities.
Challenges Men Face in Divorce
Men often bear significant financial burdens, especially if their spouses are homemakers. Legal fees, alimony, child support, and potential losses from joint accounts and investments can add up. Preparation and awareness of legal rights are crucial to mitigate these financial strains.
Men’s Right to Alimony
Men can receive alimony under certain conditions:
- Section 25 of the Hindu Marriage Act, 1955: Courts may mandate a wife to provide alimony if the husband cannot support himself.
- Section 24 of the Hindu Marriage Act, 1955: Maintenance during divorce proceedings if the husband lacks sufficient means.
Factors Influencing Maintenance
- Financial status and earning capability of both spouses.
- Standard of living during the marriage.
- Health and age of the spouses.
When Wives Are Not Entitled to Maintenance
- Desertion or earning more than the husband.
- Adultery or acts of cruelty.
- Remarriage of the wife..
Child Custody and Support
Custody decisions prioritize the child's welfare. Fathers can seek custody if they prove they can provide a better environment. Joint custody allows balanced parenting responsibilities.
Child Support
- Non-custodial parents contribute to raising the child,
covering shelter, education, clothing, and medical care.
Factors Determining Child Support:
- Age and needs of the child.
- Financial status of both parents.
- Child’s health and standard of living before divorce.
Property Rights
Property division is based on contributions and personal laws. Generally, ancestral properties, streedhan, and gifts are excluded from division.
Protected Properties:
- Gifts, jewellery, or valuables from the wife’s parents.
- Ancestral properties.
- Joint properties with loans taken by the husband. Solely owned and financed properties.
Legal Fees
Legal fees vary:
- Mutual Divorce: ₹40,000 – ₹2 lakhs
- Contested Divorce: ₹60,000 – ₹8 lakhs
Protecting Finances
- Hire an Expert Lawyer: Essential for legal and financial advice.
- Enlist Property Details: Document all assets, income, and liabilities.
- Separate Accounts: Close joint accounts and change passwords.
- Transfer Assets: Move assets to a trust or parents.
- Change Nominee: Update nominees in financial investments and will.
Dealing with Fake Cases
Hire a Lawyer: Specialist in family cases.
Collect Evidence: Document all interactions.
File a Countercase: If substantial evidence is available, file for defamation or false accusations.
Frequently Asked Question
- What are the rights of a divorced father in India? A divorced father can seek child custody and receive child support. If custody is not granted, visitation rights can be sought.
- Can men file for contested divorce? Yes, if the wife does not agree to divorce, the husband can file for a contested divorce.
- When can a husband refuse to pay alimony?If the wife is financially independent or in cases of desertion, adultery, or cruelty.
- How can a husband protect himself from fake cases?By hiring a specialist lawyer, collecting evidence, and potentially filing a counter case.
Conclusion
Understanding men’s rights in divorce is crucial for a fair outcome. Knowledge of legal rights regarding alimony, child custody, and asset division can help men navigate this challenging process effectively.