Advocate Varun Kaushik

Questions Answered by Advocate Varun Kaushik

Q: Mutual Divorce ( Section 13B), Hindu

We both the petitioners filed a Matrimonial Suit under section 13B on 5 March 2019. Next date was for "Reconciliation" on 6 September 2019. But the Hon'ble Judge was sick on that day and the next was fixed for "Reconciliation" on 27 November 2019. After Reconciliation the next was fixed day after tomorrow i.e on 20 January 2020 for "Hearing". But unfortunately the Hon'ble Judge is on leave and also will be retired on 31 January 2020. My query is what effect may happen in my case/suit for this situation? Please help me. I will remain ever ever grateful for this act.

Advocate Varun Kaushik answered
plz share family court details for better understanding of your situation. although it's really unfortunate that, for the personal reasons of Judge absents you have to face such a difficulties.so far as your concern regarding effect of same over your case, it's a situation which is beyond your control so you need not to worry about any adverse effects. the only concern is that, you and your partner both will have to attend the future date.

Q: How to proceed for divorce due to harassment by husband

Hello I am a women from Indore it's been 2 months to my marriage and husband is very shakii person he harras and doubt on me from 2 day of marriage.. he doubts whenever I use my cell phone. Or talk to any body.. he keeps discussing to prove wrong things as right he insulted me in front of his and my family by pointing on my character.. he says m characterless. He doest have respect ..love and trust for me.so I tried to convince him lots of time but no change was therein behavior I found.him very egoistic.. he also told me twice u r not respectable for me if you u can get divorce .. so finally I m planning divorce.please give me your suggestions....What should I do..Or demand or can I go outside of city for any further studies or for any job.currently m staying in a girl's hostel..Because I don't want to be burden on any one..

Advocate Varun Kaushik answered
It seems to be a case of failure of marriage because of differences in opinions and life style apart from a shakii n egoistic husband. 1. Try to move out of the relationship by mutual divorce.2. If everything is managed then file a divorce then plan your future life. Otherwise if mutual is not possible you have to file various other small complains like domestic violence, maintainance etc.for that you need to understand the law and legal system and consult with a good lawyer.

Q: Procedure to buy the terrace of the house which belongs to grandfather

Sir, I want to purchase the terrace of the house which is in the name of my grand mother and construct the house on it. I am married now. I want to avail of the loan facility for this. What will be the procedure .Kindly explain in detail.

Advocate Varun Kaushik answered
Just purchase the same from your grand mother through a regiestered sale deed and pay consideration against the same... remember to explain all the details clearly in the sale deed and then no issue . Regarding loan thing do explain the query type of loan etc . Although you can get the title of terrace through a gift deed also without consideration too.. Plz consult a lawyer and explain in detail your purpose of doing so .

Q: What to do when neighbour encroaches on land and illegally claims it?

sir i have a farm of 4.64 acres in seoni malwa(M.P). the owner of neighboring land had entered in my boundaries and now claims to be owner of entire 1 acre.in spite of having all valid documents with me i approached for Simankan of my land.the problem is the corrupt officials are delaying to give the report and panchnama of simankan and are saying that it may take about 3 months for the report to generate.sir since i am economically weak to afford court case or put a stay on land please suggest me a proper channel.Is there any way the collector/police could help in this matter?

Advocate Varun Kaushik answered
You can approach for district legal Aid office to get free legal Aid over the issue, if they are satisfied with your economically weak status they will provide you free legal Advice and assistance.Although the proper channel is what you have already opted in case of encroachment over agricultural land proper forum is Tehsildar court (simankan) apart from that you can approach civil court for declaration and injunction over the land in dispute, if delay is the only point of concern you can also file a WP before High Court for a time bound or necessary direction to tehsildar courts.For detail answer post your detail query or consult an Advocate.

Q: If I file a case u/s 9 of HMA, do I have to give maintenance to wife

Section 9 dwara hum patni ko rakhna chahte hai to Hume fir bhi bharan poshan Dena padega.jabki vah apni marzi se mayke gayi hai aur Rehna nahi chahti hai.

Advocate Varun Kaushik answered
Aap k sawal jayaz hai jab patni apni marzi say alag reh rahi hai tab bharan poshan kyu ??Pehla section 9 abhi pending hai uss may final order nahi hua jiss mey yeh saabit ho Chuka ho k patni apni marzi say alag hai who bhi bina kisi uchit karna k . Jo evidence say saabit hoga (matter of trial) nirnay say porva nahi.Dusra section 9 pending rehtey bhi ladki maintainance k liye section 125 crpc may bharan poshan k liye aavedan dey sakti hai who alag case hoga jiss par final order section 9 ka prabhav pad sakta hai na ki pending case ka.Teesra pehluu yeh hai k jab tak court k aagey section 9 HMA ka case pending hai or yeh sabit he nahi hua hai k ladki apni marzi say alag reh rahi hai tab tak tho weh section 9 k pending case may bhi section 24 family court act k tahet paisa paaney ko aavedan laga sakti hai ...Law har case k tathya or paristhithi (fact and circumstances ) k anusaar laagu hoga.Detail reply k liye detail query post karey ya kissi vakil say call / mill kar salah ley.