Even a husband has few rights when going through a divorce procedure in India. Earlier, a wife had more rights as well as laws for protecting her interest and when such cases were genuine. At present, there are genuine cases where a wife is ill-treated but there are false cases filed by wife against her husband by taking advantage of the laws, for instance, filing false 498A cases.
The husband has few rights during divorce :
In the case: Anil Yashwant Karande v. Smt. Mangal Anil Karande- the Bombay High Court noted:
“The Supreme Court in case of V. Bhagat vs. D. Bhagat , (supra) has held that a mental cruelty under section 13(1)(i-a) can be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. It is held that mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together . It is also held that the situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party.”
In the matter: Bhagwat Pitambar Borse v. Anasayabai Bhagwat Borse- The Bombay High Court observed:
“…in the case of Sangavva Gulappa Khandekar Vs. Gulappa Kariyeppa Khandekar, reported in BLR 1942 44 514, LAWS (BOM)1942 4 4, in which the amount of maintenance awarded to the wife who was living in adultery is cancelled.” Lawyers in India can provide further details in this matter.
Note:- We try our level best to avoid any kind of abusive content posted by users. Kindly report to us if you notice any, [email protected]