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Rajan (Rajan)     29 October 2012

Ways to get divorce in india for a man

In India all laws are made to protect women and men have no rights especially in matrimonial cases.

I would request respected Lawery to please let me know the provisions for divorce in India for a man.

* If living together becomes impossible then separation is only the available option but in Indian society mutual divorce is very rare as the women and her family always want to go for a contested divorce so they can use all provisions of law like 498a DV DP etc to extort money and also get a soft corner in society that the girl is good but the boy and his family are bad.

If a husband files divorce then its for sure he will have to face 498a and DV and if he keeps quite and lives separate in some other city then after some months or years the wife can charge him for cruelty and desertion.So in all way the husband has no way to go other than taking a Sanyas and going to Himalaya.

Could anyone suggest here what is the best way to get a divorce for a man i India ? 



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 3 Replies

Goutam Prasad (Advocate)     29 October 2012

Although, I can not change your mind set about the presumtion of law you have made.

Its not in India alone, nowhere in world, you can have mutual consent divorce until both party agree for divorce. Mutual itself means "agreed by both parties"

If living togather becomes difficult, it means there should be reason behind and those reasons may fall under catagory of cruelty. 

If you began living seperately and period of two years has elasped, you can have ground of desertion too.

As far as false, 498A or DV case is concerned, if the same is false there is no need to worry. Court does not go by sentiments. The need is that you should be brave enough to fight and defend false allegation to come up clean.

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Rajan (Rajan)     29 October 2012

Sir i am worried because 498a and DV is the tool which is being used for everything in India now and even no consumation of marriage can be put under cruelty and husband put behind bars and this is something which never happenes anywhere in the world.

Goutam Prasad (Advocate)     30 October 2012

In case of arrest, you will have option to get bail. If she have no primafaice proof of dowry harrassment, you can have bail in one day. You need to hire services of good advocate for defending in 498A.


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