Advocate Shantanoo Saxena

Questions Answered by Advocate Shantanoo Saxena

Q: I am from Chennai and a case is filed against my husband in jabalpur

My husband is in jail since last October 2022 for 420 and 409 offence his bail application is rejected in session court so please tell me can he get bail from Jabalpur high court

Advocate Shantanoo Saxena answered
Yes, you should try to get bail there is a good possibility, but it will depend on the exact facts of the case the allegation in the FIR and the other relevant details. The role attributed to him, the recoveries having been made, the status of co accused if any and many such factors.

Q: 13a, 13b, 498a, domestic violence

I had filed 13a, 498, domestic violence,for 2yrs, later with mutual agreement filed 13b and withdrew domestic violence,...ow husband is saying will not proceed further with 13b till 482 is filled and fir is quashed..and will only proceed for 13b after all charges are over

Advocate Shantanoo Saxena answered
You should have been more prudent in your negotiations but still if the 13B affidavits have been filed in the court and only the final verdict is what is awaited, request can be made to the court giving all details that a decree of divorce be granted. you can also take recourse of some more complaints on the criminal side, but everything will depend on the documentations done till date.

Q: A men attempt to murder my sister.

What to do if there is a boy who continues to beat my sister whever she leaves home ,hacked her WhatsApp and beats everyone who talk to her.He has great connections with lawyers and police .He has pictures of my sister also.He is ex-boyfriend of my sister.

Advocate Shantanoo Saxena answered
You seek protection for your sister, report the issue to the police and the executive magistrates. You can seek restraining orders against the boy who is troubling your sister. There are a number of options which depends on the facts of the case and circumstances.

Q: Can i sue my bf for cheating on me using me and mentally harassing me

We were about to get married.. Families are involved in this... He kept lying and there are n nmber of girls that he has been talking to... He left me.. And is not even talking to me... He was my trainer at my gym.... And he mentally harassed me alot of times by abusing and breaking up likhe 100 times

Advocate Shantanoo Saxena answered
You can approach the local police station, if he has exploited you in the pretext of getting married but if your greivience is just that after talks about marriage things did not materialise then its not an offence. The matter will completely depend on the nature of the harassment and based upon that the relevant provisions in law would be applicable

Q: Domestic violence extract material affairs

Meri sadi ko 8 sal hone wale h mere sath suru s marpet or dahej k mang hoti rhi h lekin ab halat bahut kharab ho gae h mere husband ka apne sath kam krne wali ladki s affairs h or wo ladki kae bar ghar ae h sas sasur dono ka sath mil rha h us time m mayke m thi kuk meri delivery hue thi or sasural walo n dekhbhal krne s mana kr dia tha or husband lene nhi a rhe the jab m waha gae tb pta chala jab mene unhe rokna chaha to mare sath marpet hone lagi mujhe kae kae din kamre m band rakhte kisi s bat nhi krne dete sasur kamre or bathroom m jhakte sas bat bat pr salfas khane k dhamki deti or mere parents ko fasane k dhamki dete pati bhagne or dusri sadi k dhamki dete mujhe physical or mental dono tarah s torcher kia ja rha h ab mujh s dahej manga ja rha or sbse kah rhe a bacha unka nhi h mujhe badnam kr rhe h or jab mene police m sikayat k to mujhe bahut mara gya or bache ko marne k dhamki d jisse mujhe case wapis lena pada mere gharwale sath nhi d rhe sasural wale ghar s nikalne k dhamki de

Advocate Shantanoo Saxena answered
The law is in your favour, search for helpline number of your state, make a complain to the mahila police station, you can also approach the authorities under the Domestic Violence Act, you can get support from Legal Aid, ypu can file an FIR. You should gather proofs life pictures of bruises and i jury marks, take neighbours i. confidence, record the abuses in your phone.If you are genuinely in need law will help you get justice. You have a right to live in the marital home, you have a right for maintenance of yourself and your child as well.The decision as regards continuing in marriage or divorce would largely depend on what you want and how you perceive your abilities to sustain yourself.