Advocate Varun Hans

Questions Answered by Advocate Varun Hans

Q: Alumni in case of separation how should i get it

I am 37 year old Hindi women married for last 13 years n have a 12 year old son. I and my son are living seprate from my husband for more than 2.5 years on rented house. I was teaching in a school but now I don't have any job. My husband is a shop keeper n he earns pretty well. He does not provide any monetary help except school fees of our son. What are my legal rights for maintainance from my husband? I don't have any support as my parents are no more.

Advocate Varun Hans answered
You can file a case for maintenance under section 125 Crpc against your husband and a case of domestic violence for accommodation rights along with a parellal proceeding for maintenance under the same law. You shall require some proofs or at least proper address of his business and lifestyle which will further strengthen the case against him.He is bound to maintain you and your son under the law.

Q: What are the rights of a tenant living in a property for over 50 years

The said property is situated in central delhi located in one of the punjabi refugee colony. There are two floors, ground and first. The ground floor is lying vacant since around 10 years. First floor is rented since more than 50 years but lately(around 10 years) no rent is being paid. The landlord doesnt demand any rent either. The house is in shambles and landlord doesnt seem to have an interest and hasnt even visited the site in a very long time. The person on whose name the house was registered is no more and now only their third generation is alive. Ground floor and first floor have different house no. The value of total property is 5CR+. Can we claim ownership of the said house ? What compensation can we demand in case the owner decides to sell the house ad evict us ?

Advocate Varun Hans answered
Even if the original owner has died you don't become the owner of property. Once a tenant always a tenant is the normal norm.However you can deposit rent in court by filing a simple petition in Rent Controller Court. This should clear your intentions as a tenant. You can further file case against the owners (new) to restore the property for basic needs such as water,shed and electricity.You should never default in payment of the rent.

Q: Harassment by mother in law and no cooperation by family

My Mom in Law has had very bitter post marriage experiences from her in laws and her husband (My father-in-law).She has an elder daughter and two sons all married. The problem starts here I am her younger daughter in law and stay in a nuclear family at some other town other than her's. Whenever I visit her place she seems to be full of negativity and always tries to impose her feelings and advice on me suggesting me ways to eat sit dine bla bla bla...she is the most dominating woman on earth. Her children think (including my hubby)that she has been tortured all these years hence behaves like this.But what I feel is she is taking undue advantage of the sympathy of her kids and misbehaving with her daughter in laws. I go not very often but the elder daughter in law is working and stays with her. Pls.tell both of us how to cope with her.

Advocate Varun Hans answered
Firstly you need to collect some evidence to prove your claims. Even if your allegations are correct there has to be some evidence like a recording, eye witness or torture proof like a medical record. The legal remedy lies with Domestic Violence Act. You can file a complaint against her under this law. Normally parents in similar cases try to disown their son and daughter in law but that is a future proposition which can also be legally challenged to claim your legal right in ancestral property.

Q: Third party is falsely claiming things in joint locker of husband wife

third party claiming his/her things in the joint locker of husband and wife .how to provce third party is claiming false

Advocate Varun Hans answered
A suit for injunction restraining the third party from interfering with peaceful possession of the locker since husband is the first class I legal heir. An interim stay and ultimately a perpetual injunction order should solve your legal dispute.