Matrimonial and Family Law

Mutual Divorce.

This is the most easy and convenient way to dissolve the marriage. One can file divorce petition under Section 13 B of Hindu Marriage Act, 1955.
There are two stages-

  • First Motion
  • Second motion

Statements are recorded of both husband and wife at first motion. Thereafter, after 6 months the second motion is held and after taking the fresh statement the divorce is successfully granted.


Contested Divorce

When a spouse is seeking to dissolve the marriage they can file a divorce petition under Section 13 of Hindu Marriage Act, 1955 on several grounds.
Grounds which the parties can seek for divorce, are as follows-

  • Adultery
  • Cruelty
  • Desertion
  • Conversion into another religion
  • Unsoundness of mind
  • Mental disorder
  • Virulent & Incurable form of leprosy
  • Venerable disease
  • Renounce of world
  • Missing for last seven years or more


Cruelty

Section 498-A was introduced to protect a married women from being subjected to cruelty by her husband or relatives of her husband. Punishment for subjecting a married women to cruelty is imprisonment upto 3 years and fine.

Men can also protect themselves from false allegations. The first step is to apply for anticipatory bail followed up by regular bail.


Maintenance or Alimony

Under Section 125 Crpc one can file application of maintenance. During the trial one can file the application for maintenance to seek monetary amount to live her livelihood during the pendency of trial. The object of this provision is to provide a monthly allowance to the wife, children and parents.


Interim Maintenance

Under Section 24 of Hindu Marriage Act, 1955 wife/husband can file an application for interim maintenance during any pendency of trial/proceeding under this Act.


Child Custody

The law associated under Hindu Law namely, Section 26 of Hindu Marriage Act 1955, Section 138 of Special Marriage Act & Hindu Minority & Guardianship Act 1956.
Child Custody are basically of 3 type

  • Interim Custody
  • Permanent Custody
  • Visitation Right


Domestic Violence

Protection of Women from Domestic Violence Act, 2005 is basically provide protection to the wife or female live-in partner from domestic violence at the hand of husband or male live-in partner or his relatives. Domestic violence includes actual abuse or the threat of the abuse whether Physical, Sexual, Verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered this definition.


Dowry

Dowry is a social evil in the society, that has caused unimaginable tortures and crime towards Women. In India, the giving or receiving of dowry prohibited under Dowry Prohibition Act, 1961 and make it easier for the wife to seek redress from harassment by the husband’s family. Section 304 B of Indian Penal, Code & Section 113 B of Indian Evidence Act, 1872 are also provide relief against dowry related offences.


Criminal Case (Bail)

Criminal Case (BAIL)

Bail is the conditional release of a defendant with the promise to appear in court when required
Filling in Regular Bail Application under Section 437 of CRPC before criminal court including JM/MM/ASJ etc.
Filling of Anticipatory Bail Application under Section 438 of CRPC before Court of Session & High Court.


Quashing of FIR

Filling a petition under Section 482 of CRPC before High Court for quashing of FIR or staying the criminal proceedings.


Cheque Bounce Cases

Cheque Bounce under Section 138 of Negotiable Instrument Act

Cases of cheque bounce are common these days, Dishonour of cheque is an offence under Section 138 of Negotiable Instrument Act, if the following ingredient are fulfilled.

  • Cheque is issued for discharge of any debtor liability.
  • Cheque is presented within its validity period. That cheque is returned by the bank unpaid either because of the insufficient fund or it exceeds the amount arranged to paid from that account by an agreement made with bank.
  • The payee issues a notice to drawer written 30 days of return of cheque.
  • After such notice, the drawer fails to pay the cheque within 15 days of receipt of such notice.


Consumer Protection Law

Consumer Cases under consumer protection Act, 1986.

Consumer Cases are generally filed for the safeguard of consumer rights. Most of the consumer files the case against a seller if they are harassed or exploited. The following agencies are established for the purpose of this act.

  • District Forum :- The value involved is up to 20 lakh.
  • State Commission :- upto 1 crore
  • National Consumer Dispute Redressal Commission :- More than one crore.

Trademark Registration Renewal Dispute Opposition Service.

registration-trademark-lawyer-in-delhi

Introduction

A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.
A Trademark is typically a name, word, phrase, logo, symbol, design, image or a combination of these elements

Timeline for Trademark Registration

Trademark Registration takes anywhere between 1 to 2 years. This is further subject to objection and/or oppositions if the registrar or another party raises any. However you can start using the mark TM as soon as we file the application.


Trademark Services

  • Determination of Trade Mark or Service Mark class and Trade Mark search.
  • Trademark Registration : Trade Mark search, Preparing of Application, Reply to Examination Report, Attending hearing in the office of Registrar and Renewal of Trade Mark
  • Trade Mark Opposition.
  • Trade Mark Renewal.
  • Alternative Dispute Resolution related with Trade Marks to Service Marks.

Requirements for making Trademark application

  • Full name and address of applicant
  • Specification of goods and services specified in terms of individual name.
  • Class, international class of goods and services.
  • Mark Character, device, figure, logo, and/or color.
Apply for Trademark