Legal Rights Of A Married Man In India While Filing A Petition For Divorce

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Many men are oblivious to the rights and responsibilities that they have when filing a divorce in India. Several people think that they will be taken to the cleaners like all of their known men and accept the wife’s terms and conditions. It is a simple misunderstanding and is merely 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.

They mourn that legal rights are slanted in support of women regarding Divorce, maintenance, child custody, and all the dowry-related matters. Their suits could be well found, recognizing the low sentence rate of 1.5% and high discharge rate of 43.1% in breaches under the Dowry Prohibition Act, as per the 2018 National Crime Records Bureau data.

Below mentioned are the legal rights that a married man should be conscious of:

Right To Seek Divorce. 

The husband has a right to register a request for Divorce with or without mutual consent with their partners. For the men, the basis for filing prevails the same as that for a woman. These constitute torture, desertion, cast conversion, adultery, disorder, mental disorder, repudiation and assumption of death and more.

Before registering for Divorce, men need to be careful of a few things to guarantee a favorable acknowledgment by the court of law. First, they should provide a cordial relationship, which should exclude physical, oral or sexual abuse. Second, even if you find it challenging to stay with each other in the same house, it is advisable to avoid the additional expense of a second house and assemble all records and documents related to Divorce easily. 

It is also great not to start into an extramarital involvement before the Divorce is finalized since it is obliged to weaken your litigation in front of the judge. It is also necessary to have a clean social media record, without any nasty messages, quotations, menaces or exploitation sent to the woman in the flame of the minute.

Alimony Or Maintenance

Yes, the husband in a drowning relationship can also demand alimony if he cannot sustain himself. Alimony in this particular case is also called maintenance, and it is the expense owed for spousal support after the court’s decision. Moreover, a husband can also register a divorce request on the wife’s mental pressure and persecution. In various cases, the court has held that the husband is empowered to relieve Divorce based on torture.

Custody Of The Child

The pair can select the child’s custody in a mutual divorce, either full or joint, and the judge mostly agrees. In a contested divorce, males have an equitable right to the child’s custody, even though the mom 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.

 If you want to know more about, the same contact our team of experienced lawyers at Kannon-e to get better assistance when the talk is about legalities related to divorce or its subsidiaries.

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