divorce

maintenance

Riju Mehta

child custody

National Crime Records Bureau

savings account

Special Marriage Act, 1954

As men complain of a legal skew inand, here’s what they need to know about their rights to avoid harassment, saysGiven that women are at the eceiving end of most marital and financial problems, it’s no surprise that men in similar situations are often ignored. They not only complain of a legal skew in favour of women when it comes to divorce, maintenance and, but also in dowryrelated cases. Their claims could be wellfounded considering the low conviction rate of 1.5% and high acquittal rate of 43.1% in crimes under the Dowry Prohibition Act, as per the 2018data. To be on a stronger ground, here are the legal rights that married men should be aware of.The husband has a right to file a petition for divorce with or without mutual consent. For the latter, the grounds for filing remain the same as that for a wife. These include cruelty, desertion, conversion, adultery, disease, mental disorder, renunciation and presumption of death.Before filing for divorce, men need to keep a few things in mind to ensure a favourable response by the court. They should ensure a cordial relationship, which should exclude physical, verbal or sexual abuse. Even if you find it difficult to stay under the same roof, it is advisable to do so to avoid the additional expense of a second house and to be able to collect all documents related to divorce with ease. It is also best not to enter into an extramarital relationship before the divorce is finalised since it is bound to weaken your case. It is also important to have a clean social media record, without any nasty messages, texts, threats or abuse sent to the wife in the heat of the moment.You should also conduct any financial transactions, sales or purchases before filing for a divorce as it will have an impact on how the physical and financial assets aresplit in case the divorce is without mutual consent. If, however, you suspect the wife may misuse your credit card or empty out a joint bank, cancel the card and withdraw money before filing the divorce petition.Men’s rights to maintenance can vary under different Acts. For instance, under the Hindu Marriage Act, 1955, both husband and wife can claim maintenance, while only the woman can do so under the. Though the maintenance amount is decided by the court after considering several factors, including the financial status and earning capacity of the spouses, men can avoid paying maintenance under certain circumstances.If the husband can prove that the wife is earning enough to maintain herself, or that he is not earning enough to maintain himself, or that the spouse has remarried, deserted him or committed adultery, the husband does not have to pay maintenance. He may not have to pay interim maintenance either if he can prove that he is unable to earn and maintain himself, or that the wife is earning and can sustain on her own income.In case of a mutual consent divorce, the couple can decide about the child’s custody, which can either be full or joint, and the courts typically agree to the suggested arrangement. In case of a contested divorce, men have an equal right to the child’s custody, even though earlier the mother was favoured by courts and granted full custody. Of late, the courts have started giving importance to the child’s welfare and grant custody to the partner who is better able to look after the child’s needs and upbringing.