Advocate Vandna Beri

Questions Answered by Advocate Vandna Beri

Q: Harassment by younger brother and constant denial of financial rights

I have a brother 5 years younger to me. He has made my life hell. He is still a dependent and I earn to meet my expenses. But still, he instigates my parents to live separately. He picks up fight over smallest of matters and abuses verbally, on a occasion or two physically as well. I have tried to explain him things in different ways, including sharing reports on legal decisions and constitutional provisions for unmarried daughters. But he argues further and starts a fight. His sole aim is to ensure that all the resources by my parents should be utilised for his upliftment. My parents are not too supportive either. I want to know as an unmarried 28 years old, what rights do I have? Do I even have any or I should make a move to live separately?

Advocate Vandna Beri answered
past judgements of Supreme Court and high courts have held that an unmarried major daughter can also seek maintenance if she is not financially independent (even if she doesn't suffer from any disability). you can file for maintenance

Q: Elder Brother Harassing Older parents and is Alcoholic

HelloMy parents are being mis-treated, harassed, verbally abused by their eldest son. he is an alcoholic and the situation is getting worst with time. he is pressurizing my parents to sell the house and give him the share. I would like to find out the options/resolution to deal with the situation legally. I am an NRI and not sure if my parents will file a complaint against my elder brother. i would like to evict my elder brother from my parents house. parents resides in New Delhi thank you for your time

Advocate Vandna Beri answered
the Delhi Maintenance and Welfare of Senior Citizens (Amendment) Rules, 2016 expressly empower the Deputy Commissioner / District Magistrate to pass eviction orders from properties belonging to Senior Citizens.

Q: Call records of wife, she has already left home

Hi, i found my wifes ex no on her phone and i know she talks to him, she left our home july 2018, we have filed section 9a and they have filed 498a dv, I want to know do telecom companies save call recordings or just the call data? If recordings, how long do they save it? Or without court permission there is never call recording by telecom companies. Thanks

Advocate Vandna Beri answered
call recordings are available with the network provider but only for government agencies. Moreover the supreme court has also declared right to privacy a fundamental right. so don't go for call recordings or call data. adultery is no more an offence you can file for divorce

Q: Action against police officer for arbitrary use of force/power

In the morning I was going for breakfast on my bike but a police officer stop me and say show me paper but I don’t have the papers with me so he told me wait but there was another man standing with him he say me start your bike and leave (I think he is a police officer to but he was just local friend of police man whom he did talking ) so I stop after 50metres for food and he come behind me slapped me two times and take my bike to police station. Soon I will get my bike no problem but i have a problem why he slapped me in the middle of the road when I’m being fully cooperative and doing all he said (like gave him keys or so) ( if I have to run then I had run not stop nearby and start eating because I think another police said me to go . Now tell me what I can do I like to take proper action on this He is police officer but it doesn’t mean he get physical and hit another person anywhere’s anytime without any reason .

Advocate Vandna Beri answered
File a complaint against that officer to his immediate senior. Specifically mention that he hurted you physically. It will be a greater chance that they won't listen to you, then you can send a written complain to commissioner of income tax or you can visit him personally in public hours

Q: Action against police officer for arbitrary use of force/power

In the morning I was going for breakfast on my bike but a police officer stop me and say show me paper but I don’t have the papers with me so he told me wait but there was another man standing with him he say me start your bike and leave (I think he is a police officer to but he was just local friend of police man whom he did talking ) so I stop after 50metres for food and he come behind me slapped me two times and take my bike to police station. Soon I will get my bike no problem but i have a problem why he slapped me in the middle of the road when I’m being fully cooperative and doing all he said (like gave him keys or so) ( if I have to run then I had run not stop nearby and start eating because I think another police said me to go . Now tell me what I can do I like to take proper action on this He is police officer but it doesn’t mean he get physical and hit another person anywhere’s anytime without any reason .

Advocate Vandna Beri answered
File a complaint against that officer to his immediate senior. Specifically mention that he hurted you physically. It will be a greater chance that they won't listen to you, then you can send a written complain to commissioner of income tax or you can visit him personally in public hours