Can I file under Section 406 to recover assets in 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. 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? 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.

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Advocate By LEAD INDIA Answered: 30 Nov 2024

Ma’am, you can file a complaint for recovery of your assets and you can also file for contested divorce but as your husband is not cooperative so the process may vary widely. It is advised to contact an expert lawyer who will assist you to navigate the complexities of the matter. For further legal assistance contact us on our helpline number.
 

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