Share
Husband is Blackmailing regarding to divorce
Question
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.
Answer ( 1 )
If your husband is not agreeable for the mutual divorce proceedings then you have no other choice but to go ahead with the contested divorce proceedings. Even if he doesnt attend, the court is bound to proceed ex-parte after giving reasonable opportunities for him to present himself before the court as regards the divorce proceedings.
Further, you cannot recover jointly owned gold, cash and silver under the said section. You can file an application for releasing of your stridhan under the maintenance proceedings or domestic violence proceedings.