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What Rights Does A Husband Have During Divorce In India? What Rights Does A Husband Have During Divorce In India?

Bronze medal Reporter Names Posted 22 Nov 2020
What Rights Does A Husband Have During Divorce In India?

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 :

  • Even the husband can file a petition for divorce from his wife on the grounds of cruelty, adultery, when deserted by his wife, when the wife is presumed to be dead or has renounced the world, if the wife has any mental disorders or has converted to another religion and also if the wife has any communicable disease.
  • A husband can even refuse to pay maintenance to his wife if she has committed adultery, deserted her husband, earns salary more than her husband and so on.
  • Along with the above, the husband can also get custody of his child if his wife has committed adultery or ignores the child .The court when considering child custody matters always look into the welfare of the child as the top priority.

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.

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