Your attempt on defending was hilarious.......How could you invent such law after thought which has no legal baground.
If a husband files a divorce case based on adultery and his petition gets dismissed due to lack of sufficient evidences then as per your say the husband is a libale to be booked U/s 498a......So, sarcastic , I can't even beleive are You Laywer or what or simply writing a Joke book on Santa & Banta here.
1. Filing any case under the given provision of divorce doesn't count any mental cruelity.
1. It is the petitioners view to end the relation by seeking the procedure in a civil sense.
2. It is made by central government act and it's parliamentary form act led down such provisions to any aggrieved person to seek divorce if he feel so.
3. Any married person can file divorce if he is not satisfied by his wife whether she is adulterous or not,whether she is mental or not whether she has enacted any cruelity or not....
4. It's personal Right to file divorce against either of spouse, but it's court who decide the matter and release the judgement.
5. According to you ......the cases will be followed that " filing any divorce case which has N number of allegations" Which is just opposite to the respondents actual behaviour must be sued by 498a if the petitioner is husband.
So,here the scope of 498a becomes more wider and further sub sections will be included in this 498a subjecting to the above thought rised by you....lolzz again.
6. The number of false 498a will rise to 98% to 99% if your above thought becomes procedure.
7.No husband will dare to file any divorce case against wife,,,,,,and if dared also then they will file a blank page as they will not write any allegations.
8. My dear So called Legal drafting Lawyer Mr.Chandrasekhar do you think that any case whether it is matrimonial or criminal will sustain without any allegation.....So,man you are wrongly footed.
Conclussion: Filling divorce on allegations doesn't count under mental cruelity which shows that a wife can file 498a if the divorce petition gets dismiss.
So,My sincere Advice to you plz don't create any Havock on Public forum so that victim would get double Tension and then he could also become liable to file 498a on you who had given mental torture....lolz.