Advocate Hemant Soin

Questions Answered by Advocate Hemant Soin

Q: Application of jammu laws if marriage solemnized in other state

wife is from Jammu husband is from Delhi marriage was soleminized in delhi now wife is seeking for divorce , filed a divorce petition in Jammu Court . can husband argue that jammu law will not apply to me ? Explain me in detail

Advocate Hemant Soin answered
For details please consult a advocate in office. Any how she has a right to file a divorce from Jammu, this is upto husband that if he faces any hardship then he may file a transfer petition in Supreme Court and Supreme Court upon satisfaction can transfer the case.

Q: Wife filed for child custody after living for 2 years in adultery

Initially wife denied to take the custody of child and she demand money instead. She signed the first motion of mutual divorce where it was mention that child will stay will father. I do have all the recording where she has refused to accept child custody. She refused to come on second motion of mutual divorce hence we filled contested divorce and its been more then 2 years, the child is living with us. She was living in adultery and now after 2 years she demand child custody. What are the legal option and percentage she gets child custody.

Advocate Hemant Soin answered
In the present case you need to appear before the court and take a plea that why she should not get the custody, Here her character will play important role in determining whether custody to be given or not, Rest consult a advocate for brief action plan.

Q: Wants to know about the procedure for getting FIR quashed

Girlfriend file case against me.. and then she said to quash fir on the high court.. i want to know that after the fir is quash what are the remedies i can take.. and can i file a defamation and criminal malicious case against her?? After the fir is quashed..

Advocate Hemant Soin answered
Well there is certain professional procedure that need to follow for quashing FIR, there are certain sets of applications that only advocate will draft and file in High court, you should only take care of complainant that she will come in HC and say that she is willingly withdrawing the complaint

Q: Are fictional advertisement considered legal ?

Is it legal to make fictional advertisements for a brand? (presenting the brand in a positive light, and with clearly mentioned text that "these ads are for entertainment purposes")

Advocate Hemant Soin answered
Please be clear more on this, Any how pretending some one to believe on that thing, activity , person to believe true & with intention to cheat or for profit purpose is illegal....:....

Q: Friend facing harassment, can she apply for divorce

I am making inquiry for one of my female friend, as she is going through hell of a life, being married to a worst man, who sexually assaults her, aftring getting drunk, and also beats her. She doesn't have any family member as her parents have passed away, and this is the biggest reason her husband thinks he can do anything without any worry!! He also has some contacts in police, so its another point for her to feel helpless about her situation. He threatens her for the same. I really feel so bad for her. Please someone tell me that there is something that can help her. I will do anything to help her to get away from such an evil monster.

Advocate Hemant Soin answered
In the present case Your friend may file a police complaint for such assault, this complaint will give a fear to her husband not to beat her and further she may file maintenenance case in appropriate court. For brief visit a advocate office