Advocate Usha Gehlot

Questions Answered by Advocate Usha Gehlot

Q: Mentally violence by Wife to Husband and his family.

This is to inform you that my brother got married in year 2022 (July Month) since then my (Bhabhi) wants to get away my mother and my sister and knowingly created very mentally disturbance situation. My mother is so much stressed since she came in the house. My Bhabhi always uses to say I will not go anywhere but I will not let them live happily and does not want see them living here.

Advocate Usha Gehlot answered
The issue needs to be examined from the perspective of the husband’s legal rights as well as the rights of the wife and other family members. Mere differences between the wife and mother/sister do not automatically constitute a ground for divorce. However, if the wife is continuously creating serious mental harassment, making threats, abusing family members, or deliberately creating circumstances making matrimonial life impossible, the husband should preserve evidence such as messages, recordings (where legally permissible), medical records, complaints and statements of independent witnesses. If such conduct amounts to legally recognised mental cruelty, the husband may consider appropriate proceedings under the Hindu Marriage Act. At the same time, the husband should avoid any forceful eviction or retaliatory action against the wife and should consider mediation/counselling first. The exact legal remedy will depend upon the evidence and the nature of the incidents

Q: Urgent Legal Advice – Forged Signatures and Unauthorized Mortgage of J

My jointly owned property was mortgaged with AU Small Finance Bank as security for a loan/CC facility taken by my elder brother, without my knowledge or consent. My signatures appear to have been forged on loan/mortgage documents, and I never took the loan, received any loan amount, or gave any OTP/consent. The bank is now seeking surrender of the property. I filed a police complaint on 31 Aug 2026 and complaints to SP/IG/DGP, but no action has been taken. I need urgent legal advice to protect m

Advocate Usha Gehlot answered
Since you are a co-owner and allege that your signatures were forged, you should immediately obtain certified copies of the complete loan/mortgage documents, KYC records, consent/OTP records, valuation report and bank file. Send a legal notice to the bank disputing the mortgage and demanding that no coercive action be taken against your share.Simultaneously, pursue the police complaint for forgery, cheating and use of forged documents, and seek an independent handwriting/signature examination. If the bank has initiated SARFAESI proceedings, the remedy before the DRT under Section 17 should be examined urgently. Depending on the exact title and mortgage documents, a declaration that the mortgage is not binding on your share and appropriate interim protection/injunction may also be required. A co-owner’s rights cannot ordinarily be created or transferred by another person merely by forging his/her signature. �Sci API +1

Q: Filing for Divorce wealth and alimony

Need advice for Filing divorceWealth distribution n alimony

Advocate Usha Gehlot answered
In a divorce case, there is generally no automatic “wealth distribution” between husband and wife under Indian law. However, a spouse may claim maintenance/alimony depending on factors such as income, financial needs, standard of living, duration of marriage, and other circumstances. For permanent alimony, the court may consider the income and property of both parties.If there are jointly owned assets, the ownership documents and each person's contribution may also be relevant. The wife may have independent rights in property jointly owned or legally transferred to her, but she does not automatically get an equal share in the husband's self-acquired property merely because of divorce. It is advisable to review all assets, income details and marriage circumstances before filing or contesting a claim for alimony.

Q: Divorce case between my mother and father and from one court bind my m

In another court my mother expense have not bind yet

Advocate Usha Gehlot answered
If your mother has not yet been awarded litigation expenses in another court, that alone does not automatically affect your divorce case. If an application for litigation expenses is already pending, she should pursue it before the concerned court. If no application has been filed, she can seek litigation expenses under the applicable provisions by showing her financial need. Please share the details of the pending case, the court, and whether any application has already been filed for more specific legal guidance.

Q: Serving RCR to NRI status husband

My husband works on a cruise on contract basis, does an 8 month contract then returns for 2 months vacation, then goes again on new contract. So by that status he is NRI. How much would it cost me to file RCR and its service to him in Faridabad?

Advocate Usha Gehlot answered
Merely working on a cruise ship on a contract basis does not automatically make your husband an NRI for the purpose of filing an RCR petition. You can file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act before the Family Court having jurisdiction, including Faridabad, if the legal requirements are satisfied. If he is residing or working abroad, summons can be served through the prescribed legal process at his overseas address, and if necessary, through substituted service with the court's permission. The court fee for an RCR petition is nominal, while advocate's professional fee varies depending on the facts, complexity of the case, and local practice. A detailed consultation will help determine the appropriate strategy and estimated costs.