Advocate Swati Ghildiyal
Advocate Swati is presently practicing before the Hon'ble Supreme Court of India and the Delhi High Court, as she is panel"A" counsel for the Government of India. She also appears before the Trial Courts in Delhi, Delhi High Court and various other Tribunals.
Advocate Swati provides services in various fields of Motor Accident Matters, Criminal Matters, Family Matters, all Consumer related matters and drafting and vetting of various agreements and documents.
Advocate Swati enrolled with the Bar Council of Delhi in 2014. She is a member of the Saket Court Bar Association.
- Delhi High Court
- District Consumer Disputes Redressal Forum, Mehrauli
- District Consumer Forums Delhi
- District Court, Saket
- Supreme Court Of India
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Questions Answered by Advocate Swati Ghildiyal
Q: Can wife force and stay at husbands house after filing false cases
my brothers wife has filed a case of domestic violence and dowry demand. Now they both are living separately. My brother lives with his parents and now she wants to come and stay with him at his house. we dont want her to come and stay with us there, what can we do legally?
Advocate Swati Ghildiyal answered
Hi,Could you please clarify, if the house belongs to the husband or his parents? If the house belongs to the parents, the daughter-in-law has no right to stay there. The parents can file an injunction suit against her. However, if the house belongs to the husband, then the wife has a right to stay in that house. In that case, the husband can move out of that house and stay in a rental accommodation or any other house leaving the parents to stay in that house. However, the wife has a right to stay with the husband, wherever he lives or in the alternative entitled for maintenance, whichever suits her . Meanwhile, the husband can also file for a divorce against his wife.
Q: Cheque bounce case pending and not able to pay settlement amount
i m facing check bouncing case from bajaj finance against personal loan but present i m totally financialy weak i m not able to pay settelement amount also opposite party giving me settelement of 60000rs for 1 short but i m nt able to pay either emi also .....i m jobless from 1st august 2015 n untill i m jobless
Advocate Swati Ghildiyal answered
Hello,The information provided by you is not complete. Is a cheque bounce case pending against you in a court of law? If yes, then specify, it is it at what stage. Also, have you reached a settlement with the complainant before the court or otherwise? If you've reached a settlement before the court, you can seek a further extension of time subject to the permission granted by the court and consent of the complainant.
Q: Whether Complaint u/s 138 through authorize signatory maintaina or not
A complaint under section 138 filed against the firm through authorised signatory is maintainable or not.moreover there is no verification at the foot of complant
Advocate Swati Ghildiyal answered
Hi,A complaint under section 138 of the NI Act, 1881 against a firm through an authorized signatory(AS) alone, is not maintainable against the said AS, however if the proprietor has also been a made a party in that complaint, then the complaint would be maintainable against the proprietor . It is further to be noted that, even if the AS had signed the cheque in question on the behalf of the firm, he would still not be liable under section 138, since he is only a "mandate holder" and not the drawer of the cheque within the meaning of "drawer" under the Act, as the same was in the account of the concerned firm.As far as the query regarding verification is concerned, there is no verification required in a 138 complaint under the NI Act, 1881 at the end of the complaint. A verification is required only in a plaint and written statement filed in a civil suit. Feel free to ask for any further clarifications.
Frequently Asked Questions about Advocate Swati Ghildiyal
Can Advocate Swati Ghildiyal represent me in court?
Yes, Advocate Swati Ghildiyal can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Swati Ghildiyal?
When you meet with Advocate Swati Ghildiyal for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Swati Ghildiyal?
Before your initial consultation with Advocate Swati Ghildiyal, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Swati Ghildiyal?
During your initial consultation with Advocate Swati Ghildiyal, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Swati Ghildiyal?
It is important to communicate with Advocate Swati Ghildiyal regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Swati Ghildiyal?
The cost of hiring Advocate Swati Ghildiyal can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.