If a woman mistreats him, the husband has the right to file a lawsuit. However, unlike those under IPC Section 498A, such proceedings are not subject to criminal law. These could be divorce proceedings in which the husband wants to break the union because of his wife's behavior. Cruelty is one of the gender-neutral grounds for divorce, among the other grounds or causes. Depending on a person's faith, personal rules govern both marriage and divorce. Cruelty is a basis for divorce under certain Indian laws.
In India, both husbands and wives have access to the legal system to handle a variety of problems that could develop in a marriage. In India, a husband may bring the following claims against his wife:
If there are grounds for dissolving the marriage, such as cruelty, desertion, adultery, or mutual consent, the husband may do so in accordance with the terms of the Hindu Marriage Act, Special Marriage Act, or Indian Divorce Act (depending on the couple's faith).
According to the stipulations of the Hindu Marriage Act, Special Marriage Act, or Indian Divorce Act (depending on the couple's religion), the husband may end the marriage if there are grounds for doing so, such as cruelty, desertion, adultery, or mutual consent.
The rights of the husband are frequently disregarded more severely under Indian law in circumstances of abuse. Legislators are unable to comprehend that there are men as well as women who commit mental abuse in marriage. The Indian Penal Code, 1860's Section 498A provisions clearly designate a woman as the aggressor and her husband or his family as the accused. Because of this, women frequently misuse 498A, whether or not the charges are supported by evidence. It is not possible to compromise or compound the charge of cruelty under Section 498A. However, it is now very common for the High Courts to dismiss FIRs under Section 498A.
A complaint may be made under Section 498A of the Indian Penal Code if the husband is the target of dowry demands, cruelty, or harassment because of the dowry. This section addresses abuse of the wife by the husband or members of his family, but husbands may also utilise it to pursue legal action.
The Supreme Court observed in the case of Kanchan v. Kamalendra, AIR 1993 Bom 493, that Section 24 permits both the wife and the husband to request support pendente lite if they can both show that they have no other independent source of income. However, the husband must show the court that a physical or mental impairment prevents him from working and providing for his family. The spouse could not be given maintenance since he was healthy and not mentally ill and because the only reason his business failed was that it went against the letter of Section 24 of the Act.
If a spouse cannot financially support himself, he may request maintenance or alimony in the event of a separation or divorce. The spouse might ask the family court for his wife's financial support.
Child custody: If the marriage has kids and the husband wants to get custody of them, he can submit a petition. When considering custody disputes, the court takes the child's best interests into account.
Adultery: The spouse may submit a complaint under Section 497 of the Indian Penal Code if the wife has had an extramarital affair. It's crucial to remember that this part is debatable since it only takes a married woman's extramarital connection into account—not her husband's.
In other words, even though the husbands are capable of working for a living on their own, it is not common practice for them to request maintenance from their working spouses. Only individuals who are truly and completely unable to sustain themselves are intended to get assistance under the Hindu Marriage Act's provisions. As was previously stated, only a "deserving man" is qualified to assert this privilege. The payment of maintenance to the husband will reduce the number of divorce proceedings since it will obligate the wife to support her helpless husband. And the wife would rather stay married than grant her husband a divorce and maintenance.
If the case has been filed in Noida, then Bail Lawyers Noida may be hired. Likewise, if the case has been filed in Faridabad, then a Bail Lawyer In Faridabad may be appointed. Bail Lawyers In Delhi. may be hired if the case has been filed in Delhi.
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