Apni Law Staff asked 1 year ago
My sister’s husband lives abroad and hasn’t been in touch. We’ve filed a criminal case against him, but now want to pursue a divorce by mutual agreement. We need to get back her jewelry, worth about 10 lakhs. Her in-laws are demanding she drop the criminal case before signing the divorce papers and are refusing to return the jewelry until after the divorce petition is filed. We’re worried they won’t appear for the divorce proceedings. Can we re-open the case if they don’t show up? Please advise.
Best Answer
Apni Law Staff answered 1 year ago
Under Indian law, your sister can pursue a divorce by mutual consent even with a pending criminal case. However, the in-laws’ demands are legally invalid. You should file the divorce petition and seek an order for the return of the jewelry separately. If they don’t appear, the court can proceed with the divorce and order the return of the jewelry based on evidence presented.
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