Top 3 misconceptions Indian husbands have about divorce

New Delhi: When it comes to divorce, many Indian husbands operate under certain misconceptions that can have serious legal and financial consequences. Below, we debunk the top three myths and provide a clearer understanding of the reality.

1. "If I file for divorce first, my wife can't file any cases against me or benefit from it."

This belief is entirely false. Even if you are the one initiating the divorce process, it does not shield you from legal action your wife may take. Here’s what could still happen:

• Dowry complaints: The police can still investigate and trouble you if your wife files a dowry harassment case.
• Interim maintenance: The court will likely order you to provide interim financial support, depending on your earning capacity and assets.
• Residence orders: Under the Domestic Violence Act, your wife may be granted the right to live in your residence, and you could even be ordered to vacate.

2. "The house belongs to my parents, so she can't claim it."

While it is true that a wife cannot claim ownership over a house that belongs to your parents or even one solely in your name, there are nuances to consider:

• Right to reside: Under the Domestic Violence Act, your wife can still seek a right to live in the property owned by you or your relatives.
• Asset impact on alimony: If you own any significant assets, such as a house, these could lead to higher alimony or interim maintenance payments being ordered by the court.

3. "I have proof to show her allegations are false."

Many husbands believe that gathering evidence to disprove their wife's claims will immediately protect them from legal repercussions. However, this is a long and drawn-out process:

• Delayed justice: Courts and the police are often indifferent to immediate proof. They typically respond with, "File your proof, and we will consider it at the appropriate stage." Unfortunately, this "appropriate stage" can take anywhere from 5 to 15 years to materialize.
• Meanwhile, you suffer: Until your evidence is reviewed, you may face the threat of arrest, be ordered to pay interim maintenance, and possibly be forced to leave your own home.

Top 3 misconceptions by Indian husbands-

1. "If I apply for divorce first, my wife will not be able to file any cases on me. Or, that if she files, she won't get any benefit."

This is incorrect. Even if you have filed divorce;
a. Police will trouble you in her dowry complaint.… pic.twitter.com/nDzqUct2TF

— Amish Aggarwala (@AmishAggarwala) September 12, 2024

These misconceptions can lead to significant stress and long-term legal complications. It’s crucial to seek professional legal advice early on to avoid falling into these common traps.