1 Answer
Dear Client,
You can file a case, but it should be for maintenance, return of your gold and protection, not just against husband for the sake of it. If you do not want the divorce, you can oppose the divorce petition while simultaneously asking for maintenance and return of your property. Under the Hindu Marriage Act, the court can grant interim maintenance and expenses of proceedings under Section 24 and permanent alimony and maintenance under Section 25. It can also deal with property under Section 27. There exists similar provisions in the Special Marriage Act as well. If you are not being maintained by your husband, you can also ask for maintenance through Section 144 of the Bharatiya Nagarik Suraksha Sanhita. If there is harassment, abuse or cruelty, the Domestic Violence Act gives you a direct remedy.
With regard to the gold, if it is your marriage gold or streedhan, it will be considered your absolute property and that the husband has no title over it. He has the duty to restore it or its value. Hence, your practical course of action must be to protect yourself and get your gold or maintenance. File a reply in the divorce case and oppose it if you do not want the marriage to end. File for maintenance under Hindu Marriage Act and/or BNSS, depending on the court and your marriage law. You may ask from your husband the return of your gold or streedhan in the same proceeding or a connected one. I hope this helps. If you have any further doubts, please feel free to contact.