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Legal Guidance on Divorce and Asset Recovery


15-Sep-2024 (In Divorce Law)
For the past three years, my husband and in-laws have harassed me and demanded money, resulting in ₹80 lakhs in gold, silver, and cash. I filed a 498A case, but my husband influenced the police, removing my in-laws from the chargesheet. He has not attended court, and he's avoiding maintenance proceedings. I want to file for divorce on grounds of cruelty and recover my assets. Can I file for divorce if he avoids court, how much time will take to get divorce? how should I recover my gold, silver?
Answers (3)

Answer #1
563 votes
if you have sufficient -proof for your in-laws having taken your Gold, Silver and money from you those can be recovered. Time taken for the recovery cannot be predicted in certainty. But apart from filing divorce you should also file for recovery. you can discuss these personally.
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Answer #2
601 votes
Dear Madam,


Divorce is a civil case and if he avoids then you can take paper publication and get 

ex parte divorce decree. You have to lead your evidence by way of affidavit and get mark your documents. If he appears then it may be prolonged otherwise you may get divorce decree ex parte. Any try the process from now itself. So that you will get such divorce as early as possible.
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Answer #3
531 votes
Hello, if your Husband is avoiding maintenance proceeding in domestic violence case, then, after few dates court will order in your favour and the through court proceeding, only can get the maintenance. Yes, you can file divorce from your side on the ground of cruelty in that you can see permanent alumni from your husband.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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