INTRODUCTION
In Hinduism, marriage is regarded as a sacred sacrament that embodies a union of divine principles, spiritual values, and religious significance. The Hindu Marriage Act of 1955 upholds the sanctity of marriage and safeguards the legal rights of individuals.
In India, the increase in marital disputes and divorce cases has led not only to emotional distress but also to intricate legal challenges. Over the years, progressive legislation has appropriately empowered women’s rights; however, there remains insufficient recognition of men’s legal rights in the context of divorce. It is important to note that men’s legal rights during divorce often remain underexplored and misunderstood, even by the individuals involved. In India, where divorce laws predominantly prioritise the protection of women’s rights, men frequently endure false allegations of cruelty and dowry, as well as denial of visitation rights. In contrast, their rights during divorce are disregarded.
DIVORCE UNDER THE HINDU MARRIAGE ACT OF 1955
In India, the laws on divorce are enacted differently based on religious affiliation. The Hindu Marriage Act of 1955 governs marriage dissolution only for Hindus, Sikhs, Parsis, Jains, Buddhists, and any other person who is not a Muslim, Christian, Parsi, or Jew by religion.[1] Furthermore, the Special Marriage Act of 1954, the Indian Divorce Act of 1869, the Parsi Marriage and Divorce Act of 1936, and the Muslim Personal Law (Shariat) Application Act of 1937 govern different sections of society by their religious principles.
Divorce is the legal dissolution of a marriage. However, for numerous men, it represents a formidable legal process that is frequently overlooked and remains unrecognised. In society, women are often portrayed as the default victims, irrespective of the evidence presented to the court. Although divorce laws in India are formulated to protect women’s rights concerning alimony, maintenance, child custody, and property rights, they fall short in ensuring the protection of men’s rights.
Men possess rights equivalent to those of women, which include the ability to file for divorce, seek alimony & maintenance, child custody, and equitable property distribution. Many men lack awareness of their rights while pursuing divorce; it is often due to unawareness and misunderstanding that they feel compelled to acquiesce to the terms and conditions proposed by women. The recent trend in India underscores the pressing issue of false allegations against husbands and their relatives relating to cruelty, dowry, domestic violence, and adultery.
SECTION 13
Primarily, section 13 of the Hindu Marriage Act of 1955 deals with divorce, where Clause 1 & 1(A) outline the grounds for divorce by either party, while Clause 2 specifies other grounds that can be used by the wife.[2]
Grounds for Divorce
[Adultery: When one of the spouses is voluntarily having sexual intercourse with any other person other than his or her spouse, it is termed Adultery.
Cruelty: Any conduct of one spouse that instils fear in the mind of the other spouse, that living with them can be harmful, is cruelty. Cruelty may be inflicted in physical or mental abuse, violence, or threat. However, it is sufficient ground to seek a divorce if it is proved.
Desertion: Where one spouse has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.][3]
Conversion: Conversion to another religion by either spouse, other than Hinduism, constitutes a ground for divorce.[4]
Unsound Mind: Any mental disorder or internal illness that either spouse is continuously suffering from is to the extent that the other spouse cannot be expected to live with them.[5]
Venereal disease: Any communicable or incurable disease forms the ground for divorce for medical purposes to protect the other spouse.[6]
Renunciation: Renunciation of the world by either spouse, marking entry through the religious world, constitutes valid ground.[7]
Presumption of Death: When either spouse is not heard to be alive for seven years or more by the persons who would have heard him or her alive, is presumed dead.[8]
Section 13, clause 2 presents additional grounds for a wife for dissolution of her marriage by a decree of divorce on grounds as bigamy, sodomy, bestiality, rape, and marriage before attaining the age of 18 years.[9]
MAINTENANCE AND ALIMONY
There is a misconception that only women are entitled to claim maintenance and alimony. However, men also have the right to claim maintenance under certain circumstances. During separation, it’s not uncommon for one spouse to be dependent on the other for their basic and financial needs.
Section 25 of HMA 1955 states that either spouse can file for permanent maintenance and alimony after the passing of any decree.[10] It stipulates that maintenance can only be granted after the matrimonial case has been decreed. However, interim maintenance (maintenance pendente lite) can be addressed even before the decree is issued under Section 24 of HMA 1955.[11] In the decision of Ramesh H Jadhwani v Savita Ramesh Jadhwani (1985), the court held that interim maintenance can be granted either before or after a decree is passed, as long as the proceedings are pending.[12] Interim maintenance is not limited to a decree of divorce, but applies throughout the pendency of proceedings, unlike section 25, which applies only after the decree.
Can the Husband claim maintenance?
There have been several cases where husbands have been granted maintenance against their wives, but under certain circumstances. Maintenance can be claimed under both sections 24 and 25 of the Hindu Marriage Act, 1955, depending on the stage of proceedings.
The husband can indeed claim maintenance, provided that he has no other means of sustenance and solely relies upon the wife’s earnings. However, this does not imply that the husband is capable enough to earn himself and cease himself to work and depend upon his wife. In Govind Singh vs Smt. Vidya (1999), the court states that any person who voluntarily incapacitates himself from earning is not entitled to claim maintenance from the other spouse.[13]
In case of Rani Sethi v. Sunil Sethi (2011), the Delhi High Court has acted against the order of learned Additional District Judge, Delhi and ordered the petitioner(wife) to pay a sum of Rs. 20,000/- per month as maintenance and Rs. 10,000/- as litigation fees as well as Zen car for respondents use.[14]
Another 2017 case of Nivya V M v. Shivaprasad M K appeared, and the Kerala High Court ruled that the wife has to pay Rs. 6,000 /- monthly as maintenance to her husband for causing irreparable harm to his career through false accusations of rape.[15]
Child Custody
Custody of children under five is usually awarded to the mother. However, this is not a rigid rule; both parents are equally eligible to seek custody, with the primary consideration being the child’s welfare. Although courts often favour mothers in custody decisions, this may pose challenges for fathers. Where the father is capable of providing a safe, stable, and nurturing environment that ensures the child’s welfare, the court may grant him custody.
EVOLUTION OF DIVORCE
The development in divorce cases reflects the judiciary’s commitment to ensuring impartial, balanced, and prompt divorce relief, recognising the complexities and ensuring just outcomes. The Supreme Court highlights several key changes in legal proceedings:
Waived six-month waiting period: The Supreme Court, in its judgement, stated that the six-month waiting period can be waived in certain appropriate cases. While this period is typically mandated for divorce by mutual consent, the Court has waived it to ensure expedited justice.
Irretrievable breakdown: In the recent judgement of Jatinder Kumar Sapra v. Anupama Sapra (2024), the Supreme Court recognised that divorce can be granted on the grounds of irretrievable breakdown of marriage, considering the impossibility of reconciliation and prolonged separation.[16]
Contextual Cruelty: The court emphasised that cruelty should be understood in its contextual and empathetic terms. Grounds for cruelty may differ for men and women. This development is particularly significant for men, in cases where false allegations are made against them, the judgment acknowledges that men can also be victims of cruelty.
CONCLUSION
In India, divorce is governed by a nuanced legal system regulating personal law, civil legislation, and interpretive rulings by the constitutional courts. Divorce proceedings can be highly intricate, affecting personal liberty, financial stability, and emotional well-being. Individuals need to understand their legal rights under Indian laws and exercise them responsibly, avoiding misuse. Recent judgments and divorce rulings are gradually evolving towards a more balanced approach, ensuring fair relief to both parties.
Rising cases of false allegations pose a significant challenge to society and jeopardise the credibility of the judicial system. Laws designed to protect genuine victims and safeguard rights are sometimes misused, creating a disconnect between the public and the legal system.
Acknowledging and protecting men’s legal rights in divorce proceedings is crucial for impartiality and integrity in the legal system. The judiciary must ensure that men’s rights are not overlooked or misunderstood by society or the law. Empowering men through legal awareness and education enables them to pursue justice fairly and to live with dignity.
Author(s) Name: Archita (Maharshi Dayanand University, Rohtak)
References:
[1] The Hindu Marriage Act 1955, s 2(1)
[2] LexisNexis, ‘Important Things to Know about Divorce Under Hindu Marriage Act, 1955’ (LexisNexis, 18 September 2023) <https://www.lexisnexis.in/blogs/divorce-under-hindu-marriage-act/> accessed on 10 June 2025
[3] The Hindu Marriage Act 1955, s 13(1)(i)-(ib)
[4] The Hindu Marriage Act 1955, s 13(1)(ii)
[5] The Hindu Marriage Act 1955, s 13(1)(iii)
[6] The Hindu Marriage Act 1955, s 13(1)(v)
[7] The Hindu Marriage Act 1955, s 13(1)(vi)
[8] The Hindu Marriage Act 1955, s 13(1)(vii)
[9] The Hindu Marriage Act 1955, s 13(2)
[10] The Hindu Marriage Act 1955, s 25
[11] The Hindu Marriage Act 1955, s 24
[12] Ramesh H Jadhwani v Savita Ramesh Jadhwani AIR 1985 Guj 145
[13] Govind Singh v Smt Vidya AIR 1999 MP 146
[14] Rani Sethi v. Sunil Sethi (2011) SCC Online Del 1632
[15] M P Prashanth, ‘Woman ordered to give monthly maintenance to husband’ (Times of India, 21 December 2014) <https://timesofindia.indiatimes.com/city/kozhikode/woman-ordered-to-give-monthly-maintenance-to-husband/articleshow/45591252.cms?utm_source> accessed on 10 June 2025
[16] Jatinder Kumar Sapra v Anupama Sapra (2024) INSC 382 MANU SC 0389/2024 (SC, 6 May 2024)
