Advocate Sanjana Mehrotra

Questions Answered by Advocate Sanjana Mehrotra

Q: Divorce consultation I am a girl married in 2021 and facing issues

Hi I got married in 2021 but there is a lack of communication and I can't say anything as if I am even cracking jokes he will take them into negative ways.There are lots of other reasons also I feel trapped

Advocate Sanjana Mehrotra answered
If you don’t feel like living with your husband you can proceed for divorce. Before that you can go for counselling as well with husband in court wherein you can sit with a counsellor and resolve your issues and if that doesn’t happen then you can opt for divorce, contested or with mutual consent.

Q: Important Query regarding Defamation case

My in laws along with their relatives and some other people came to my house and created a ruckus. They screamed and shouted abuses at me and my family for 2 hours. Gathered people around and said bad things about me. I work as an astrologer and this has deeply impacted my public image in my neighborhood and other people. nThey also beat me. The police did not do anything even after lodging a complain. I have eye witnesses who are ready to come to the court and give their testimony. nI already have a divorce case going with my wife which I filed last year. nnnMy question is: nWhat is the least amount of money that the court will be able to provide me from them, if I file a case of 30 lakh?nDo defamation cases actually work in India or would I be wasting my time and resources?nPlease give me honest advice.

Advocate Sanjana Mehrotra answered
You can file civil or criminal defamation against your in laws. In civil you can claim damages and compensation. So it is better for you to file civil defamation. But in civil defamation their is prescribed timeline in which you have to file the case otherwise you can go ahead with criminal defamation.

Q: Domestic Violence- Threat to vacate house- not willing to adopt child

Sir, I am married for 12 years and is a serial victim of constant beating, abusing, character assassination, mental torture and bullying by my husband and joint family members. I am living in elder brother in law house which he has bought in 2010 after 3 months of my marriage in name of his wife, I am living in this house since 12 years, brother in law including husband and mother in law very frequently ask me to leave that house. They threaten me to throw out of that house. My husband says nothing about this humiliation. They make sure that i do not get a penny from their property. My husband has extended zero emotional support in these 12 years towards constant humiliation and bad words i have been tolerating since 2010. Infact he will be part of group pointing finger on me on every now then. He has now threatened me to teach lesson, I want to know my rights in this difficult situation.

Advocate Sanjana Mehrotra answered
In this case, you can file domestic violence against against your husband and other family members in which you can claim maintenance and also protection order and residence order. Once you get the residence order none of the family members can dispossess you from the property. Also the protection order will help you in living peacefully otherwise they will have to face dire consequences. Apart from this, you can also claim maintenance from them as your monthly expenses.

Q: Wife is creating trouble for me and my family for no reason

It’s been only 8 months since my brother got married but her wife is creating trouble since very beginning, recently she went to her maternal house bcz her grandmother died she went there on Friday saying that she would come back on Monday she went happily from here thn after going there on Sunday we got a call from her parents saying that we won’t send back our girl back to your home and come to our come talk and then take our daughter back with you else we will take some police action and will file complaint against us... but we don’t want to go to their house because we didn’t do any mistake she went well from our house saying that she will be back by Monday we asked them to come to our home with their daughter but they too are denying to come at our home .. i am not able to understand what next we should do.. shall we go to their home.??. if we then they will think that we got scared of them or of police complaint and she and her family will torture us again with the name of police

Advocate Sanjana Mehrotra answered
If you want to reconcile, then file section 9 case in the court. Section 9 of Hindu marriage act is for the restitution of conjugal rights i.e. when you want you wife to reconcile with you and want her to join your company.