(Guest)

Whether wife is justified in filing of criminal cases agains

Whether wife is justified in filing of criminal cases against husband only because he had filed divorce petition?

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

Bench: R.M. Borde

https://www.lawweb.in/2016/01/whether-wife-is-justified-in-filing-of.html

Reply Follow

13 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 January 2016

They are provoked to file these cases on such situations by dishonest advocates.

Wisdom of Advocates !!!!

Reformist !!! (Other) 04 February 2016

I agree with Rocky.

1 Like

Anand 04 February 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.

1 Like

Ramesh 17 February 2016

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?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 17 February 2016

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.

1 Like

Ramesh 17 February 2016

Thanks very much.but everybody is not as courageous as you.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 23 February 2016

@ Ramesh,

Survival of the fittest.

ALL GENDER BIASED FEMINIST LAWS ARE UNCONSTITUTIONAL

Please see my blog on this below : -

https://www.lawyersclubindia.com/forum/details.asp?mod_id=133540&offset=1#.VsxeQ9IrLIU

Ramesh 24 February 2016

@Rocky Smith,please provide me to visit your profile and all articles regarding why men should not file divorce. Thanks.

Ramesh 24 February 2016

@Rocky Smith,please provide me to visit your profile and all articles regarding why men should not file divorce. Thanks.

Ramesh 24 February 2016

@Rocky Smith,please provide me to visit your profile and all articles regarding why men should not file divorce. Thanks.

Ramesh 25 February 2016

@Rocky Smith,sir it appears you are from Kolkata.I also live near Kolkata and would like to meet you to discuss my problem.Please give your email I'd,mobile no.Or whatsapp no.in PM so that I can contact you.Thanks.