From the varios judgements where Husband granted divorce on the ground of
cruelty and dissertion, I summarise folllowing facts -
1. It's a long process (7-8 years), if at least, a husband wins a contested divorce
2. There are citations showing if wife insults husband in fornt of ofiice staf,
husband has a chance to get divorce, but when those things goes within four walls. even perpetually, it is hell of a difficult to prove.
3. Denial of s*x without having any medical ground for a prolonged time is a valid ground, which again is very difficlut to prove.
4. Wife does not take part in any social function with her husband causes social insultation and humiliation. I have not seen any judgement
related this.
5. Wife and her family filling the mind of child against husband and his family causes immense pain. I have seen one judgement
helping father in improving status of child custody in his favor, but though it is cruelty against husband, no judgements
found related to this.
6. Wife goes to her parental home along with child wihtout taking consent and does not inform when she is coimng back causes mental pain, again no judgements found.
7. Wife insults her in-laws causes mental pain, no judgements found.
I can make this list much longer and stopping for the sake of brevity. Point is, even though, there are umpteen facts which
may cause mental pain to husband, he has very little options to convive court that it is unbearable for him to leave with
his wife. And then again, there are maintenance issues. Even if the wife is educated enough to find a job and maintain herself,
court does not notice that. If and only if wife is working, husband gets a relieve from paying maintenance.
In case of child custody also, concept of shared parenting is more discussed that implemented. Most of the time
courts are hell biased to grant custody to mother.
Last but not least, once you file divorce, you invite criminal cases like 498A, coupled with DV and so many other charges.
Ask lawyers (not all) and they will tell you to go for MCD paying one time money. In fact there is a noticeable percentage of
lawyers, those who have not handled even a single case of contested divorce in their entire life.
All the above facts bring frustration beyond limit to husbands I believe. What do you legal experts think of this?
