Advocate Shweta Soni

Questions Answered by Advocate Shweta Soni

Q: Can a defendant represent himself without a lawyer?

Weather a defendant represent himself without a lawyer .

Advocate Shweta Soni answered
There is no bar to a person representing his matter in the Court. But there are certain procedures of the Court which need to be complied with, and non compliance or laxity in approaching a matter can weaken your case. That's why it is advised to hire a lawyer to represent your case.

Q: Clarification on getting maintenance without giving divorce

m married from 4 years, I have a baby boy of 3 years and me and my hubby, we can't getting to each other we both r unable to stay with each other that's why we want to separate from each other without divorce I want to stay alone with my son and I want monthly money for our survive so please help me what should I do plz suggest me

Advocate Shweta Soni answered
You need to file maintenance case for yourself and son. If you want to stay in separate residence, domestic violence case can also be filed. Protection orders can be asked for if there is any threat to you or your son.

Q: Living in Austrailia on student visa want to file a case of divorce

Hi..I am on student visa in Australia. Ots been 9 months I am here. My child and husband are on dependent visa. Due to differences I want to file divorce. Where should I file same? India or Australia? If India, do I need to b present while filing same or I can get the papers ready and sign them in Australia.

Advocate Shweta Soni answered
You can file a divorce case at the place: i) where marriage was solemnized; ii) where you and your spouse last resided together in India. If marriage has been solemnized in India, divorce case also needs to be filed in India. Even if you get a divorce in Australia, it will not be enforceable until executed through Indian Courts.Your representative (through Power of Attorney) can attend the court proceedings in India on your behalf. Your presence initially is required to get the PoA registered, rest can be taken care from Australia itself.

Q: Procedure to disown son from property?

I want to out my son from property aur vasiyat

Advocate Shweta Soni answered
First, publish ad in newspaper and then get court orders to disown your son from your property.Second, make a will if you want to give your property to someone else like a trust or some other relative.

Q: How to get stay order in commercial property

How to get stay order on a family commercial property, as well as family residential property and get it sealed, so that no one can use it, which is owned by three brothers & only one brother is using it. And the brother who is using it, is not willing to sell the property or agreeing on any mutual agreement.

Advocate Shweta Soni answered
Stay proceedings need to be initiated in the Court to get injunction against selling property or entering into any other agreement with third party. Interim stay will be provided by the Court till the proceedings are cmplete or mutual agreement is arrived at by the parties.