In Para 46 of the Judgment the Family Court justified the filing of criminal case underSection 498-A of I.P.C. on the reasoning that it was the Petitioner who first filed divorce petition. We do not agree with such reasoning.
Only because the husband had filed divorce petition, would be no licence for the wife to file criminal cases making wild allegations which she is unable to prove.
Bombay High Court
Ajay Devidasrao Sambare vs Vaishali Ajay Sambare on 21 January, 2016
Agree with Rocky. You would be amazed that how many lawyers encourage women to file false cases against their husbands and his family under the guise of “Good legal advice” even going as far as telling them that if they don't file false cases there's no chance that they'll receive any settlement. If only these women realised that their lawyer is just trying to make money from them and he doesn't care what happens to them after that.
Mr.Rocky Smith always say men should not file divorce but what a husband is supposed to do where her wife after insulting him and his family deserted him for more than 18 months.she is neither filing any criminal case nor asking for maintenance at the same time not willing to stay at her matrimonial home.can Mr Rocky suggest what should I do?
Just complain to the police or file 144 CrPC on district court against her.
Better sell her matrimonial house and start live-in-relationship with unmarried or widowed girl. These approaches of Indians may stop legal extortion rackets. Self-defense including protection of your property is your right.
Drawback of mutual consent divorce I have already stated in my profile.
Most of divorced women may have 498A, DV or other matrimonial dispute background. Please avoid them.