Advocate Varun Mittal

Questions Answered by Advocate Varun Mittal (25+ answers)

Q: Domestic Violance And Forced For Divorce

My husband and in laws have done domestic violance on me and it has been 4 times I escaped from my in laws house with the help of police and my parents to avoid any domestic violance. And last time my in laws and husband forced me for mutual consent divorce and again when the did domestic violance I escaped and now they filed application for divorce. I don't want divorce I want to run my marriage and want to live with husband peacefully

Advocate Varun Mittal answered
If they have decided to dissolve the marriage, it may not be possible to continue the relationship. However, you have two legal remedies available — one is to seek restitution of conjugal rights, and the other is to claim maintenance from your husband. Even if the family court grants a decree for restitution of conjugal rights, no court can compel your husband to live with you against his will. Nevertheless, you are entitled to receive maintenance from him until you remarry.

Q: i want to claim more money , can i deny registry

i want to claim more money, can i halt registry i am selling mine agricultural land & in registered agreement the terms was not to do any alteration or touch mine land till registry is done but the buyer has put mud hundreds of truck on mine land & they have done kabzaa , i have done registered agreement but they broke mine terms of not doing kabzaa on mine land can i deny registry or demand more money as even without registry land has became there's i dont want to sell now as they broke terms

Advocate Varun Mittal answered
An agreement of sale does not constitute an actual sale. Rather, it signifies a contract of sale, which is legally enforceable. It is crucial to understand that no party can take possession of the property before the execution of the sale deed. This agreement outlines the terms and conditions under which the sale deed will eventually be executed. It serves as a commitment from both parties to adhere to these terms, ensuring a lawful and orderly transfer of ownership upon finalization. Any attempt to take possession prior to this formal execution is not only premature but also legally indefensible.

Q: Bail, FIR, NO name in chargesheet, Trail, Petition for compromise

My youngest paternal uncle filed a complain under 341, 323, 325, 379/34 against my oldest paternal uncle, his two sons, my father, me and my brother. Later during police investigation, me and my brother's name were not included in Charge sheet due to our un involvement. My brother is a class 12th student of JNV and I am a Bank Clerk. My older uncle, his two sons and my father had to take bail from local thana. Two years later, everything is again fine among all of us. My older uncle approached a lawyer and he suggested to close the case by compromise. For that, all six of us have to take bail and my younger uncle will file a petition after that. nnI was of the thinking that, no case is pending against me and my brother. But, this bail thing totally changed that. My police verification is also due for clerk. I don't know what my future will be. I have been also selected for GST Inspector. nnPlease, advise me what to do to save my present and future job and my brother's future.

Advocate Varun Mittal answered
if your name is not included by the police in a charge sheet prima facie you are not an accused in that case and there are no need of bail at this stage because you are not an accused in police investigation and not a chargesheeted person. But after evidence if court thingk fit to summon you as an accused the court can summon you as an accused but don't worry ther are very few chance of it

Q: Bride Family lied about girl education

On 15.03.22 my brthr got married to a grl from Jaithra Up.He is btech gradu & handling family business of brick kiln in FBD UP. It is an arrange mrrg & we were told that grl has completed BA frm English. At 1st we denied for this relation as we were atleast looking for a bride who has completed atleast Bsc but her dad convinced us that grl is good in studies & becoz of their financial issue he can’t provide her better education but she will proceed studying after marriage too. We were not looking for a grl for job so we got ready we were told grl has complete English frm BA. We got ready for marriage with a thought of continue her education aftr marriage but now we came to know that she knows nothing for eg who was Jawahar lal Nehru or Rani Lakshmi Bai or even capital of India etc etc. When we questioned her dad he admitted that his daughter knows nothing & might have given the exams by cheating. We want an advice if we can seek for divorce or put a case against family or fraud?

Advocate Varun Mittal answered
in my opinion you cannot file a divorce case on this ground because before marriage you had you had every chance to cross examine everything but you did not make any effort before marriage now there is no ground of divorce

Q: Can jointly owned under construction property be Partitioned

I jointly own my house with a  friend and my mother. I need to get it constructed 3 story. Before the construction is completed, can i get the partition deed done so that all the three of us get separated titles of individual floor registered in our individual names. Pls suggest/guide!

Advocate Varun Mittal answered
yes you can file a suit before civil judge for a decree of partition if other party denied for partition but if all of three are agree to do partition with mutual meets and bound you can file and injunction suit before the court of civil judge