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Abusive husband not giving divorce


19-Feb-2026 (In Divorce Law)
We were married in 2018, I filed for divorce in February 2022 due to dowry demands (19 lakhs) via coercion by my husband. I gave proofs of money transfer form 2019 to 2021. I underwent cross examination by his advocate and confirmed that I want divorce., but he wants compromise Our case is posted for arguments in February 2025,. My side arguments are over but my husband is not coming forward for arguments by not hiring lawyer. Can I file a money recovery case against my husband?
Answers (3)

Answer #1
568 votes
Yes, you can initiate independent proceedings for recovery of the amount paid under coercion. The pendency of your divorce case will not bar you from filing a separate civil suit for recovery of money, especially when you have documentary proof of transfers made towards dowry or unlawful demands. Such payments are legally recoverable as they are void and opposed to law and public policy. You may also seek appropriate relief in the pending matrimonial proceedings by placing these facts before the court and requesting compensation, permanent alimony, or adjustment of the amounts already paid. Further, if not already done, you may pursue criminal remedies under relevant provisions relating to dowry harassment, which will strengthen your claim. Since the respondent is deliberately delaying arguments, you may request the court to close his opportunity and proceed to judgment. It is advisable to take prompt legal steps to avoid further delay and to secure both matrimonial and financial relief.
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Answer #2
882 votes
Yes, you can file a separate civil suit for recovery of the amount if you have proof of money transfers and can establish that the payments were made under coercion or unlawful demand. The pendency of the divorce case does not prevent you from initiating a money recovery proceeding. Also, if your husband is deliberately not appearing or not advancing arguments, the court can proceed ex-parte and decide the divorce matter on merits.
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Answer #3
682 votes
file a case in highcourt to conclude your case in the family court in fast track that will direct the lower court to complete the case in next 3 months if you need any help in highcourt for filing speedy disposal contact me...
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