“If his wife is disrespectful, then…”: The lawyer discusses the circumstances under which men can file for divorce

In a recent episode of discovery Podcast, Advocate Vikas Nagoan looked into the legal grounds under which a man can file for divorce in India. The discussion, hosted by businessman Raj Chamani, highlighted aspects of men’s rights that are often overlooked 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 grounds. Explaining this, he said: “If a wife is verbally disrespectful, engages in physical acts like slapping her husband, or intentionally causes mental suffering, it can fall under the category of cruelty.”

The lawyer went on to discuss the importance of evidence in such cases. “It is important to prove these allegations with concrete evidence, whether letters, recordings or witnesses. He stressed that the court needs compelling evidence to prove that the behavior of the accused party constitutes cruelty. Najwan also highlighted that men are often reluctant to come forward due to societal stigma, which makes The legal process is more difficult.

The conversation 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 yet to be codified in Indian law and depends on judicial interpretation . . Ngwan explained that the process is often long and emotionally exhausting for both parties, which is why amicable settlements or mediation are encouraged whenever possible.

When asked about the legal hurdles men face, Nguwan admitted, “Divorce laws in India are designed to protect the most vulnerable spouse, which has historically been the woman. However, this often leads to men feeling ignored in cases where they are victims.” He stressed the importance of creating a framework A more balanced law that addresses the concerns of both genders equally.