Is it compulsory to file a harassment case before proceeding for contested divorce? My friend has suffered physical and mental abuse at the hands of her husband and the lawyer she is consulting has advised to do so. She has a good job and earns well and she does not want to receive any sort of support from her husband to avoid any sort of contact with him or his family. She only wants to recover the bike which is register on her name. Please advise if filing a police case for bike recovery and harassment will complicate and prolong the divorce process and bring in security issues for her?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
if you want to recover your bike and punish husband for physical and mental abuse then file police complaint under section 406, 498A of IPC
2) it would force husband to arrive at an amicable settlement
3) then file for divorce as advised by your lawyer
1. It is not mandatory to file any criminal case beofre filing a suit for dissolution of marriage on the ground of cruelty.
2. If the bike is unlawfully witheld from her then she can file case u/s 406 of IPC to recover the same.In the said case she can claim the ornaments if whose are also not returned to her.
3. the criminal case has nothing to do with the prolongation of the divorce suit.
No, It is not compulsory to file a harassment case before proceeding divorce on contest. Divorce petition can be filed without filing dowry and domestic violence cases. But a notice seeking divorce on the grounds which your fried desire can be sent by providing certain time for divorce. Since your fried is earning well she may not claim maintenance and other expenses. Since the bike registered on your fried name she is absolute owner and she can claim and recover bike. She can complin before concerned local police for getting her bike. No filing complaint before police whether for recovery of bike or harassment will not prolong the divorce process and it will not effect of her security.
1. Divorce petition can be filed even without filing any other case.
2. To recover her articles she has to file a complaint under section 406 IPC for the recovery of her stridhan of which her husband is the trustee.
The harassment case is a separate proceedings to that of the divorce proceedings.
This will not have any impact on the other one.
She can very well file a divorce case separately and criminal complaint with the police for recovery of her bike under section 406 IPC.
