Law

SHALL MEN NOT FILE FOR DIVORCE?

Countless men are often frustrated, mentally abused, and simply searching for an escape from the everyday uncertainties that have taken over their existence after dealing with the issues brought on by spouses and in-laws. Therefore, it appears like the right course of action to file for divorce. The cunning wives (and in-laws) who persuade husbands to “register for mutual divorce” also deceive many of them. Most educated straight-thinking men do not however seriously consider the subject of precisely why the hell the woman agreed to somehow get married, to begin with, if she desires a separation after a few days to a few months of being married. Have a look at the best divorce lawyers in bangalore here.

If someone married a woman from a feminist background, any one or all of the ones that follow may occur when you seek separation:

  • The woman will initiate a family violence lawsuit and demand both reimbursement and annual maintenance.
  • Alternatively, she might submit CrPC 125 and request regular checks. The benefit for the woman in this situation seems to be that she might or might not make accusations as severe as in DV, so she leaves one opportunity available to demonstrate that she might still return.
  • Your wife might lodge an RCR, which indicates that she wishes to return. Eventually, you find yourself in trouble because you come across the divorce proceedings as the type of unsatisfied, dowry-seeking husband that perhaps the old TV soap operas were used to portray.
  • In-laws/wife will lodge IPC 498A against you. This could occur prior to, following, or during any interim period in DV or maintenance proceedings.
  • IPC 498a is frequently included, in addition to other issues like IPC 406A (acquisition of opiates), 324 (assault), IPC 506 (criminal harassment), as well as similar sections.
  • The most recent pattern is that your partner might file IPC 377 (unreal sex) against you, IPC 376 (rape), or IPC 354 (outraging a woman’s modesty) against your father or sibling, among other charges.
  • As a result, once these situations arise, people frequently overlook considering divorce and instead focus on resolving the previous issues. 

The majority of divorce-seeking men are totally unprepared.

  • Many seem unprepared for the delay in India’s divorce courts, wherein lawsuits begin after 1.5 to 2 years and are only truly investigated by authorities after around five years. Additionally, it is my intention that only divorce proceedings by mutual consent are granted by family court judges; every other person is expected to make court appearances for a minimum of 7 to 10 years for committing the unforgivable sin of submitting a divorce petition in the court system! 
  • Several applicants do so out of impatience to escape their circumstances. They don’t gather a lot of information, therefore everything they have to say in court is that their wife left them and has never really returned. They would likely receive a few texts from the wife, at most, in which she will return if the man moves out of the house and stays elsewhere. Such communications won’t definitively establish whether his wife intentionally left him or if she was bothered by his parents, resulting in her default answer.
  • They are unprepared to deal with the wife’s DV, 498a, and maintenance claims.