Advocate Varun Chaudhary

Questions Answered by Advocate Varun Chaudhary (25+ answers)

Q: Regarding alimony in HMA sec 13 filed by wife

Dear sir/madam, my wife filed a HMA section 13 case for divorce in 2022. Now case in judgement stage. My wife did not file case under sec 24 or crpc 125. I have 4 questions1. is there any provision of alimony/maintenance under HMA 13.2. How can my wife claim alimony3. For claiming alimony, does she have to file another suit.4. Does she have to prove my income in court to claim alimony. 5. She filed case under DV 12 For maintenance, can she get both alimony and maintenance at same time?

Advocate Varun Chaudhary answered
Thank you for your detailed query. You’re at a crucial stage in your case, and I’ll address each of your concerns: 1. Yes, under Section 25 of the Hindu Marriage Act (HMA), the court has the power to grant permanent alimony even in a divorce decree under Section 13 — either to the husband or wife. 2. Your wife can claim alimony within the same divorce proceedings or even after the decree, by filing an application under Section 25 of the HMA. 3. So no, she doesn’t necessarily have to file a separate suit — but she must file an application before the same family court. 4. Yes, proof of your income and financial status will be required if she is seeking alimony. The court considers both parties’ income, liabilities, and standard of living. 5. If she has already filed a DV case under Section 12 and claimed maintenance under that, she can’t receive double benefits. However, courts may adjust or consolidate the reliefs so that there’s no duplication.I’d recommend reviewing the stage of your current cases and documentation to frame your response or defense properly — especially if you’re expecting orders soon. Feel free to consult further if you need help with strategy, documentation, or representation.

Q: Case of property dispute multiple wives

Hindu man(86)died in 2006 leaving his ancestral land in UP for 1 surviving widow & 4 sons frm 2 marriages. The wife left a rgstrd will to pass her share to her own Son, on which tehsildar quietly passed a mutation order in 2008. But now in Real time Khatauni, all sons are showing equal share. Aggrieved son has now filed a section 38(2) case in SDM court to effect 2008 tehsildar order. Is this will compliant with law? If not, How can I challenge tahsildar’s 2008 order?

Advocate Varun Chaudhary answered
Thank you for sharing the details. This appears to be a complex case involving ancestral property, succession rights, and mutation based on a Will. Under Hindu law, a widow’s right over ancestral property depends on the nature of her interest — and whether she had a defined share she could legally bequeath. If not, the Will may not be enforceable as claimed.If the 2008 mutation was passed without notifying other legal heirs or without proper partition, it can certainly be challenged. Filing under Section 38(2) of the U.P. Land Revenue Act is a good step, but you may also need to consider a civil suit for cancellation of mutation or partition.I’d be happy to assist further by reviewing the 2008 mutation order, Khatauni records, the registered Will, and any other related documents. Once reviewed, we can help you frame a stronger legal strategy to protect your rightful share. Feel free to send the documents or book a detailed consultation at your convenience.

Q: Do married women have any rights on agricultural lands of her father!

My mothers brothers have captured all agricultural lands, farm houses, factories, house, shops after the death of my Nana, mother's father... Saying married daughters have no rights in utter Pradesh! They are playing millions and I and my mom living a miserable life.. It this a justice?

Advocate Varun Chaudhary answered
I’m truly sorry to hear about what you and your mother are going through. Let me be clear — the notion that ‘married daughters have no rights’ is completely false under Indian law, including in Uttar Pradesh. Daughters — married or unmarried — have equal legal rights in ancestral and self-acquired properties after the father’s death, especially under the Hindu Succession Act (as amended).If your uncles have forcefully occupied or transferred properties without including your mother’s rightful share, legal remedies are definitely available — including partition suits, injunctions, and action against illegal transfers.To provide you with the most effective guidance, I’d suggest a detailed consultation where we can review property documents and other facts. Please feel free to connect — you deserve justice, and I’m here to help you fight for it.

Q: File for divorce on the ground of mental abuse

My husband keeps fighting with me though he is not posted here. But still keeps asking money as i am working. We purchased a house long back in 2017. I continued paying him 50000/- per month as per our mutual agreement. But whrn he got transferred, he stopped paying for household chores and transferred all his burden yo me. He is a responsible son , a father who pays fees of our two kids. But I stopped paying emi as he never fulfilled my needs. He does not pick my calls, never talks nicely, alwa

Advocate Varun Chaudhary answered
Thank you for reaching out and sharing your situation. I understand this must be emotionally and financially overwhelming for you. From what you’ve described, there appear to be multiple legal angles that could be explored — including your right to maintenance, contribution towards household expenses, and potentially even emotional neglect or mental cruelty, depending on further facts.Since the property was jointly purchased and you had a mutual financial arrangement, you may also have a claim related to that. To guide you properly, I’d suggest a confidential consultation where we can discuss the details and assess the best legal course of action for your peace of mind and future stability.Please feel free to book a time that’s convenient for you — I’m here to help you through this.

Q: Clarification on annulment of marriage

I married a guy in ghaziabad 8 months back, but we never lived together and now for some issue we want to get it cancelled? Can we get cancelled on non consumed grounds ? And is it a legal process? We dnt want to get divorced for this.

Advocate Varun Chaudhary answered
Annulments are rarely granted and when they are, very specific circumstances must exist. Annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Section 12 of Hindu Marriage Act, 1955 deals withVoidable Marriages- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-(a) that the marriage has not been consummated owing to the impotency of the respondent; or(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.So in your case you have to prove marriage is not consummated due to some obvious reason.