‘If his wife is disrespecting, then…’: Advocate discusses circumstances in which men can file for divorce

in the last episode of Figuring Out: podcast, lawyer Vikas Nagwan delved into the legal grounds on which a man can file for divorce in India.The discussion, hosted by entrepreneur Raj Shamani, shed light on the often-overlooked aspects of men’s rights in divorce cases and the legal provisions applicable in such circumstances.

Nagwan explained that under Indian law, men can file for divorce on specific grounds, with “cruelty” being one of the most recognized. “If a wife is verbally disrespectful, performs physical acts such as slapping her husband, or intentionally inflicts mental anguish, it may fall under the category of cruelty.”

The lawyer continued to discuss the importance of evidence in such cases. “It is important to substantiate these claims with tangible evidence, be it messages, recordings or witnesses. The court requires solid evidence to confirm that the accused’s behavior is cruelty,” he emphasized. Nagwan also emphasized that men are often hesitant to come forward due to social stigma, which makes the legal process more difficult.

The talk also touched on other grounds for divorce available to men under the Hindu Marriage Act, 1955. These include adultery, desertion, mental illness and irretrievable breakdown of marriage, although the latter is not yet enshrined in Indian law and is judicially based. on the interpretation. Nagwan explained that the process is often lengthy and emotionally taxing for both parties, which is why amicable settlements or mediation are encouraged whenever possible.

When asked about the legal hurdles the men face, Nagwan admitted: “Divorce laws in India are designed to protect the most vulnerable spouses, which have historically been women. However, this often results in men feeling neglected in cases where they are the victims,” ​​he stressed the importance of creating a field that addresses the concerns of both genders equally.