In a recent episode of the Figuring Out podcast, Advocate Vikas Nagwan delved into the legal grounds under which a man can file for divorce in India. The discussion, hosted by entrepreneur Raj Shamani, shed light on the often-overlooked aspects of men’s rights in divorce cases and the legal provisions applicable under such circumstances.
Nagwan explained that under Indian law, men can file for divorce on specific grounds, with “cruelty” being one of the most recognized. Elaborating on this, he stated, “If a wife is verbally disrespectful, engages in physical acts like slapping her husband, or intentionally causes mental agony, it can fall under the category of cruelty.”
The advocate went on to discuss the importance of evidence in such cases. “It’s crucial to substantiate these claims with tangible proof—be it messages, recordings, or witnesses. The court requires solid evidence to establish that the accused party’s behavior constitutes cruelty,” he emphasized. Nagwan also highlighted that men often hesitate to come forward due to societal stigma, which makes the legal process even more challenging.
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—though the latter is not yet codified into Indian law and relies on judicial interpretation. Nagwan clarified that the process is often lengthy and emotionally taxing for both parties, which is why amicable settlements or mediation are encouraged whenever possible.
When asked about the legal hurdles men face, Nagwan admitted, “Divorce laws in India are designed to protect the more vulnerable spouse, which historically has been women. However, this often leads to men feeling overlooked in cases where they are victims.” He stressed the importance of creating a more balanced legal framework that addresses the concerns of both genders equally.