Rights of A Man during Divorce
Many men are unaware to the rights and responsibilities that they have while terminating a matrimonial tie. Several people think that they will have to be agree to the wife’s terms and conditions. It is a misunderstanding and unawareness of law and it is completely not true. Men have all of the rights that a lady has including the right to custody and visitation of their kids, a fair distribution of assets, equitable distribution of all debts, maintenance and child maintenance.
Divorce
The husband has a right to file a petition for Divorce with or without mutual consent. The grounds for filing Divorce are the same for man as that for a woman. These grounds are torture, desertion, cast conversion, adultery, disorder, mental disorder, repudiation and assumption of death and more.
Alimony Or Maintenance
The provision of husband’s right to claim Maintenance from their wives is provided under the Hindu Marriage Act, 1955. Section 24 of the Hindu Marriage Act provides for the Maintenance of Pendente Lite and the expenses of the proceeding to the husband. Section 25 provides the husband with the right to get permanent alimony and Maintenance. 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. The court can modify the order if there found any change in circumstances. For example, in the case of mutual consent divorce, if the parties agree not to claim Maintenance, the court can grant Maintenance according to the case’s circumstances and facts.
Custody of the Child
The parting couple can choose the child’s custody in a case of mutual divorce, either full or joint, and the judge mostly agrees. In a contested divorce, husband have an equitable right to the child’s custody, even though the wife was promoted by courts and conferred full control. Of late, the courts have started giving possession to the partner who can better look after the child’s needs. The consideration while giving the custody of child is the welfare of the child. If the father is capable of keeping care of the child in a better way than the mother, the Court is empowered to grant custody of the child to the father. This has been done by the courts in number of cases.
Property
During a divorce, property settlement is one of the reasons for dispute once the couple separates. A lady seeking a divorce isn't entitled to any share within the husband's property. The possession rests with the one who is holding the title. It happens that during the happy days husband buys property in the name of his wife, therefore, It's better if you purchase the property in your name or at least keep proofs of their contributions for these tough times. If the wife is given permanent alimony, she cannot claim share in the property.
False criminal cases
These days there is a trend in India to file false criminal cases against husband for “Demand of Dowry” and “Domestic Violence”. Although the law in India doesn’t provide for any kind of relief if the case lodged by the wife is proven to be false and the husband and his family is acquitted from the charges. In India, as per the Crime Record Bureau, the conviction rate in such cases is very poor. Therefore, the husband and his family has to fight the criminal cases very diligently. Collect all the proofs supporting their case. Now a days in India there is an act which helps the husband in such situation is “Right to Information Act” which helps to gather as much information as one can and use them during the haring of the case. Filing false Criminal Case for Dowry is also a ground of Divorce.