What Rights does a Husband have During a Divorce in India?

In India, the husband has some rights even when going through the process of divorce. Earlier, a wife had more rights as well as laws to protect her rights and when such cases were genuine. Currently, there are actual cases where a wife is ill-treated but false lawsuits are filed by the wife against her husband by taking advantage of the laws, for example, the filing of false 498A cases.

During a Divorce, the husband has certain rights:

  • Even a husband can petition for divorce on the basis of cruelty, adultery by his wife when abandoned by his wife when the wife is presumed dead or the world is abandoned if the wife Has a mental disorder or has been replaced by another religion and if the wife has any communicable disease.
  • A husband may also refuse to pay maintenance to his wife if she has committed adultery, abandoned her husband, earns more salary 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 neglects the child. The court always views the welfare of the child as a top priority when considering child custody matters.

In Case: Anil Yashwant Karande vs. Smt. Mangal Anil Karande – Bombay High Court noted:

In the case of v. Bhagat v. D. Bhagat, (supra), the Supreme Court has stated that mental cruelty under Section 13 (1) (IIA) can be defined as conduct which affects the other party viz. Mental aches and pains as it would not be possible for that party to live with the other. It is also believed that mental toughness should be such that both parties cannot expect to live together. It is also to be believed that the situation should be such that the unjust party cannot be suitably asked to conduct in such a manner and can continue to live with the other party. ”

In the case: Bhagwat Pitamber Borse v. Ansuyabai Bhagwat Borse – Bombay High Court:

“Gulappa Kariappa Khandekar reported in BLR 1942 44 514, LAWS (BOM) 1942 4 4, in the case of Sangavwa Gulappa Khandekar Vs. in which the amount of maintenance given to a wife living in adultery has been canceled. ” In India lawyers will give you more information about these cases.”

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Anshika Katiyar

Anshika Katiyar

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