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sindhu   24 September 2024

Husband is blackmailing regarding to divorce

I have already filed cases under Section 498A of the IPC and a maintenance case against my husband. Now, he is attempting to blackmail me regarding the divorce, stating that he will not agree to it. We have approximately ₹80 lakhs worth of assets in the form of gold, silver, and cash.

1. Section 406 for Recovery of Assets:
Can I file a complaint under Section 406 IPC to recover my gold, cash, and silver? Is this a non-bailable offense, and would an arrest be possible in this scenario?

2. Contested Divorce on Grounds of Cruelty:
If I file for a contested divorce citing cruelty (for which I have strong evidence), how long would the process typically take? Considering that my husband has not attended any court proceedings for the 498A and maintenance cases so far, I anticipate that he will not cooperate with the divorce proceedings either.

Please provide guidance on how I should proceed with these matters.



Learning

 4 Replies

Real Soul.... (LEGAL)     24 September 2024

Ya that is right track adopted by you. Just file for recovery and submit list of items for recovery. You can file for divorce too due to cruelty.

The contested divorce take time depends on how fat the trail goes. Mostly it will take about two to three years or more . If your husband will not join the divorce proceedings then he will be set in ex parte and divorce can be granted ex parte. 

It is better ti take engage a good lawyer and keep trak of things by yourself.

T. Kalaiselvan, Advocate (Advocate)     24 September 2024

In contested divorce you cannot expect your husband to cooperate with you, since you have already approached court with a divorce petition on the grounds of cruelty, you may have to pursue the same propelry without any lapse from your side. 

You can lodge a complaint against him with the police for retrieving the artlcles lying in his possession,, the police will frame the charges by invoking appropriate provisions of law. 

If you have filed the divorce case under Hindu marriage act then you can file a petition under seciton 27 of HMA for return of your articles.

Dr. J C Vashista (Advocate )     25 September 2024

Prima facie it is an academic exercise / examination hall question paper, since you are aware and rightly interpretted legal provisions, as explained in the post. 


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