Dear Client, 

Thank you for shedding light on the details of your case. Given the facts so revealed, the wife may not be able to gain her interests in a mutual divorce without conditions. The husband has Gold and the property, which he is not returning. In general, a mutual divorce is put forth to conclude all disputes, including financial and property relations. Pursuing this further without addressing these issues may hurt her in any possible later confrontation on these matters. 

The wife can file an application under the Domestic Violence Act for her streedhan (gold and property) to get it back. The law recognizes streedhan to be the exclusive property of the wife, and its alleged unlawful retention by the husband makes her case in favor of a claim for it stronger. Evidence such as bills, photographs, or witness testimonies must be presented to establish that the husband retains possession of the gold and property. This is a very important step to uphold her rightful claims. 

Although mutual divorce will be speedier, conditions should be added to preserve the interests of the wife over property and financial aspects. In case the husband refuses any settlement, the wife can oppose the petition as filed by the husband and continue with the DVC and 498A cases. Both the cases require evidence to present to the court. It is crucial to avoid focussing on evidence like police complaints and medical reports, giving proof of harassment or abuse. The courts generally remain cautious with the 498A cases; hence it is important to substantiate the allegations. 

If mutual divorce is impossible because of the husband’s obstinate attitude, the wife can go for contested divorce while continuing with her legal claims. Such cases may take up a long time, but they can compel the husband to a negotiation. The wife may apply for maintenance, posession orders, or other relief under the Domestic Violence Act to meet her in all basic needs. 

It is necessary to take very firmly a family lawyer who will act in the wife’s interest. Provided a competent and strong legal battle plan and some capacities, the wife can surely set her foot on the roadmap toward reclaiming her property and getting a fair settlement to the dispute. 

Hope this helps, feel free to consult for any further query pertaining to the same or any other legal query.  

Your husband will not agree for divorce by mutual consent if you insist on continuing with DV and 498 A cases 

Wife should file case of criminal breach of trust if he is refusing to return her gold ornaments 

continue with cases filed by her 

litigation is long drawn process 

Continue with said cases 

This situation is complex and emotionally taxing, but there are several options available for the wife to safeguard her rights, reclaim her belongings, and ensure that justice is served. Below is a professional approach with a structured plan that highlights her options and leaves room for further discussion during a consultation.

Key Issues Identified:

1. Delay in Proceedings: The divorce petition and legal disputes have dragged on for 4 years with no progress.
2. Gold and Property Dispute: The husband has control over her gold and property, and he is outright denying its possession.
3. Mutual Divorce Without Conditions: The wife is contemplating mutual divorce but wants to continue with her other legal cases (DVC and 498A).

Available Options for the Wife

1. Claim Recovery of Gold and Property

• Legal Provisions Available:

• Under Section 19(8) of the Domestic Violence Act (DVC), the wife can seek recovery of stridhan (gold and other valuables) in the same case.
• 
  Section 406 of IPC (Criminal Breach of Trust): This can be used in parallel if the husband or his family refuses to return the gold and other belongings.

How I Can Help:

• Draft a detailed application to recover the stridhan in the DVC case and include specific demands for the gold, property, and other belongings.
• If required, assist in filing a complaint under Section 406 IPC for recovery.

2. Pursue 498A and DVC Act Cases Aggressively

• The 498A IPC (cruelty) and DVC cases can be used strategically to hold the husband and his family accountable for their actions.
• The wife can seek the following remedies in the DVC case:

How I Can Help:

• Draft strong pleadings in the DVC and 498A cases to ensure the court recognizes the extent of cruelty and harassment.
• Assist with filing additional affidavits or evidence, such as medical records, witness statements, and financial proof, to strengthen the case.
  
  
  

3. Mutual Divorce Without Conditions – Risks and Suggestions

• While a mutual divorce without conditions may seem like an easy way to move forward, it could result in the wife forfeiting her claims to gold, property, maintenance, or compensation.
• Instead of agreeing to unconditional mutual divorce, she should:

• Negotiate for a comprehensive settlement agreement where her gold and other claims are addressed.
• Include provisions for post-divorce maintenance or alimony if needed.

How I Can Help:

• Represent the wife in negotiations for a mutual divorce with fair conditions.
• Draft the settlement terms, ensuring all her rights (gold, property, and maintenance) are protected.

4. Speed Up Divorce Proceedings

• If the husband is deliberately delaying the divorce proceedings, the wife can:

• File an application under Section 21B of the Hindu Marriage Act, 1955, for expeditious disposal of the divorce case.
• Seek a decree of divorce based on cruelty if she has sufficient evidence to support her case.

How I Can Help:

• File an application to expedite the divorce case under Section 21B.
• Assist in building a strong case for a divorce decree in her favor.

5. Move On While Retaining Legal Options

• The wife can move ahead in her personal life by focusing on resolving these cases systematically without feeling trapped by the husband’s refusal to settle.
• By pursuing DVC, 498A, and divorce proceedings independently, she can:

• Seek justice for her grievances.
• Regain her financial independence and mental peace.

Why This Requires Urgent Action

1. Delay Tactics: The longer these cases are delayed, the more difficult it becomes to retrieve evidence, pursue claims, or achieve closure.
2. Recovery of Gold and Property: The husband’s outright denial makes it critical to act quickly and legally secure her belongings before they are sold or misused.
3. Emotional and Financial Drain: Without prompt legal action, the prolonged litigation will continue to affect the wife emotionally and financially.

How I Can Assist

1. Comprehensive Case Review: Analyze all case documents (DVC, 498A, and Divorce) to identify gaps and strengthen her legal position.
2. Drafting Applications:

• Recovery of gold and property under DVC or Section 406 IPC.
• Expediting divorce proceedings.
• Additional evidence submissions in DVC or 498A cases.

Consultation and Drafting Charges

• Consultation Fee: ₹5,000 for a detailed discussion to analyze her case and determine the next steps.
• Drafting Charges:

• DVC Recovery Application: ₹15,000–₹25,000.
• 
  Section 406 IPC Complaint: ₹15.000–₹25,000.
• Divorce Expediting Application: ₹15,000–₹20,000.
• Mutual Divorce Settlement Agreement:₹25000—₹50,000

Next Steps

I recommend scheduling a consultation to discuss the specifics of her case, review documents, and strategize the best course of action. Let’s ensure her legal rights are protected and she can move forward with confidence. Feel free to reach out to me to book an appointment!

Contact No -  WhatsApp on Nine Five Nine Two Five Zero Zero Zero Six Eight 

The stand taken by wife to go for mutual consent without getting back her gold and other articles is not advisable.

It is advisable that they enter into a memorandum of understanding to withdraw all other cases before the mutual consent divorce case is decided by court.

The contested divorce case would be decided at the earliest owing to the long pendency. If divorce is granted then it will be very difficult for her to recover her valuable jewels and articles.

She can include or give a separate complaint to police for recovery of her articles.

Whether she had claimed recovery of her articles in the DV case?

If so let the DV case be decided first and the cruelty case be disposed next.

You can then think about mutual consent divorce.

1. There cannot be any documentary or electronic proof of gold/property given to husband. Only a fullproof statement of wife with list of items, evidence of father  and her mother  is sufficient to establish her claim.
2. File a complaint in court of Magistrate  for criminal breach of trust against him for misappropriation of property.
3. They will certainly put a condition of withdrawal of criminal complaints for MCD.
4. A divorce decree contested or MCD is no bar against criminal proceedings
5. Only question is will they agree for MCD without withdrawing criminal complaints.
6. Better to hotly pursue criminal complaints adding Section 406 of Indian Penal Code, 1860 to force them to come to settlement on your terms.

1. Mutual Divorce and Cases:

   • Mutual divorce does not stop ongoing DVC or 498A unless explicitly waived in the divorce terms.
   • Ensure the divorce agreement does not waive claims to gold, property, or compensation.

2. Domestic Violence Case (DVC):

   • Can demand return of stridhan (gold, property) and compensation.
   • Request the court to expedite the case and direct the husband to return belongings.

3. Section 498A:

   • Continues independently after divorce. Can help recover belongings if proven.

4. Next Steps:

   • Collect evidence of gold/property ownership (photos, receipts).
   • File for expedited hearings in DVC and 498A.
   • Explore legal aid for faster resolution.

Mutual divorce is possible while still fighting for her rights under DVC and 498A. Ensure no rights are waived during the divorce process.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Only if there are any incidents otherwise no. Generally domestic violence will come to an end for fresh issues after date of divorce 

The wife should consider proceeding with mutual consent divorce to expedite the separation process while ensuring her right to pursue ongoing cases under the Domestic Violence Act (DVC) and Section 498A remains intact. She can continue to demand the return of her gold and property through the DVC case and, if needed, file a recovery suit supported by evidence like receipts or witness testimony. Pursuing interim relief for financial support and recovery of stridhan in the DVC case can alleviate her immediate distress. If the husband remains uncooperative, escalating the matter with police authorities or seeking court-directed mediation could pressure him into a settlement. While prioritising her legal battle, the wife should also focus on her emotional well-being and future planning to move forward from this prolonged conflict. Consulting a skilled family lawyer is essential to streamline her legal strategy and secure justice effectively.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

1. File a maintenance application seeking payment of alimony.

2. It will not be difficult to get Court order directing your husband to pay maintenance to you every month.

3. At this time your husband might come to terms with you and agree to settle the matter amicably.

1. File the maintenance application immediately if you are unemployed or is underemployed for which you can not maintain yourself as per your husband's standard.

2. When they will be compelled to pay you the maintenance amount, they might budge.

Let these cases continue.