Advocate Ashish Jograna

Questions Answered by Advocate Ashish Jograna (25+ answers)

Q: Sending notice thru advocate for mutual divorce better OR talk first?

Q: Is it advisable to send amicable legal notice if mutual divorce desired or talk inperson first?5 yrs separation. 7 yrs together. No child. No legal action till now. My daughter unemployed, no house. She paid for her most of basic needs while married, also payed for renovation of husband's parents house. Husband conduct was bad. Earlier he was not interested to give my daughter's money back also. Daughter wants to try mutual first bt husband might not be ready without any legal intimidation.

Advocate Ashish Jograna answered
“Do not start with an aggressive legal notice. First send a soft, lawyer-drafted settlement notice proposing mutual divorce, along with financial settlement and a clear reply deadline. A direct in-person discussion alone is not advisable. If he cooperates, proceed with mutual consent divorce; if he delays or refuses, then initiate appropriate legal action and maintenance/alimony claims.”

Q: Sir , with escort services in total 12800 fraud do

Sir , with me escort services in total 12800 in 12/01/26 fraud do and i complaint in cyber crime 19/01/26. These fraud in i find one website and in these website in i get one whatsapp number these number i meet with one porson for escort service provide he first of all take with booking charges 200 and after 1000 and after he take other services charges like 10500privacy, police, medical these type and after cyber crime complaint scammer is give me i rap case against you do so sir thay can do i.

Advocate Ashish Jograna answered
Sir,From the facts stated, this appears to be a cyber fraud / cheating case. If you only contacted them for service and they kept taking money on false excuses like booking, privacy, police, medical, etc., then it is primarily a fraud and extortion matter.As regards their threat that they will file a rape case, merely giving such threat on WhatsApp does not mean they can automatically prove or succeed. Anyone may make allegations, but the police/court will require actual evidence. In many such scams, false criminal threats are used only to create fear and extract more money.My advice is:Do not pay any more amount.Preserve all screenshots, WhatsApp chats, call details, payment proof, website link, and phone numbers.Continue follow-up in your Cyber Crime complaint and also give a written police complaint mentioning the threat of false rape implication.If required, send a legal representation stating that you are being blackmailed after online cheating.So, yes, they may threaten, but threat alone does not make you guilty. Your immediate remedy is to strengthen your complaint and protect yourself with proper documentary record. The matter should be handled carefully and without panic. Cybercrime reporting and MHA advisories also direct victims to preserve evidence and report such online fraud/blackmail promptly.my contact number 79 84 51 34 51

Q: How to add safety condition in order passed under section-9 RCR by cou

By how wife can pray / request to court for addition of safety terms in decree of RCR u/s.-9 which is passed by the same court? What are the provisions by law? How can court be accept the pray petition filed by applicant(wife) due to safety purpose before to live in matrimonial home? In the situation when Court has passed the order of RCR without any safety terms and no expense had passed with RCR order

Advocate Ashish Jograna answered
Yes, wife/applicant can file an application before the same Family Court seeking safety/protective terms in a decree passed under Section 9 HMA, even if such terms were not included earlier.An RCR decree does not mean unconditional or unsafe cohabitation. Wife cannot be compelled to join the matrimonial home if there is a genuine apprehension regarding her safety, dignity, mental peace, or harassment.For this, she may file a Misc./Interim Application in the same proceedings and request the Court to impose conditions such as:safe / separate residence,no harassment by husband or in-laws,written undertaking of protection,basic maintenance / expenses, if required,and joining through counselling / mediation.The Court can consider such prayer if the wife shows valid grounds like cruelty, threats, abusive atmosphere, prior harassment, or safety concerns.If needed, she may also take remedy under the Domestic Violence Act for Protection Order, Residence Order, and Monetary Relief.Hence, yes, such a prayer is legally maintainable, and the Court can allow it to ensure that compliance of RCR happens in a safe and dignified manner

Q: How to add safety condition in order passed under section-9 RCR by cou

By how wife (applicant) can pray / request to court for addition of safety terms in decree of Section-9 RCR which is passed by the same court? What are the provisions by law? How can court be accept the pray petition filed by applicant(wife) due to safety purpose before to live in matrimonial home? In the situation when Court has passed the order of RCR without any safety terms and no expense had passed with RCR order

Advocate Ashish Jograna answered
Yes, wife/applicant can file an application before the same Family Court seeking safety/protective terms in a decree passed under Section 9 HMA, even if such terms were not included earlier.An RCR decree does not mean unconditional or unsafe cohabitation. Wife cannot be compelled to join the matrimonial home if there is a genuine apprehension regarding her safety, dignity, mental peace, or harassment.For this, she may file a Misc./Interim Application in the same proceedings and request the Court to impose conditions such as:safe / separate residence,no harassment by husband or in-laws,written undertaking of protection,basic maintenance / expenses, if required,and joining through counselling / mediation.The Court can consider such prayer if the wife shows valid grounds like cruelty, threats, abusive atmosphere, prior harassment, or safety concerns.If needed, she may also take remedy under the Domestic Violence Act for Protection Order, Residence Order, and Monetary Relief.Hence, yes, such a prayer is legally maintainable, and the Court can allow it to ensure that compliance of RCR happens in a safe and dignified mannermy contact number 79 84 51 34 51

Q: File for divorce due to incurable, progressive genetic disease

Respected Sir Ma'am after six months of marriage I discovered that my wife has serious genetic disease which in medical reports shows that it is progressive in nature and no cure is available. Also basic marital obligation cannot be fulfilled, so I want to file for divorce. Can I go for that?

Advocate Ashish Jograna answered
Respected Sir,Yes, you may take legal action if the disease existed before marriage, was concealed, and marital obligations cannot be fulfilled due to that condition.Depending on the facts and medical evidence, you may have grounds for annulment or divorce.Please preserve all medical records and related proof, and get the matter properly examined before filing.