In a recent episode of the develop podcast, lawyer Vikas Nagwan delved into the legal grounds on which a man can file for divorce in India. The discussion, hosted by businessman Raj Shamani, shed light on the often overlooked aspects of men’s rights in cases of divorce and the legal provisions applicable in 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 woman 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 lawyer went on to talk about the importance of evidence in these cases. “It is crucial to substantiate these claims with tangible evidence, be it messages, recordings or witnesses. The court requires strong evidence to establish that the defendant’s behavior constitutes cruelty,” he stressed. Nagwan also emphasized that men are often hesitant to present -se due to social stigma, which makes the legal process even more difficult.

The conversation also covered other grounds for divorce available to men under the Hindu Marriage Act 1955. These include adultery, desertion, mental illness and irretrievable breakdown of marriage, although the latter has not yet it is codified in Indian law and is based 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 it makes men feel 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.