Advocate Poonam Atey

Questions Answered by Advocate Poonam Atey

Q: Can my sister file for divorce if her husband lives in Vienna?

My syster got married in 2011 and her husband is an indian but living and working in vienna, Austria. post marrige she was in a process of applying visa and preparing for all formalities and during this period she met with a Road accident in 2012 and got critically injured. After this incident the husband never turned back, we want to file for divorce and compensation. how can we proceed and what are the chances of getting this successfully?

Advocate Poonam Atey answered
Your sister can file the divorce petition as there is no consumation of marriage and has been disserted since the year 2012. she can file divorce on the ground of dissertion and also file petition for maintainence as well. you may take proper legal advice the advocate may suggest looking into facts and advice on other aspect of the case.

Q: Builder delaying completion of flat for possession

builder  took advance in April 2006 for handing over constructed flat by October 2008 but did not even start and then assured in writing to hand over by 31.03.2012 while admitting receipt of 95% costs till November 2011. But, even after 11 years, the flat has not been completed for offering possession to the investor builder  has been maintaining complete silence since 2012 ?

Advocate Poonam Atey answered
You must take legal action immediately as the limitation period to file a complaint is running out and if you delay further you may not be able to get the remedy consumer protection and will have to look for alternative remedy. In order to suggest you clearly we are require to see necessary documents and the terms and conditions there of.

Q: How to transfer a divorce petition one state to another state

my husband filed divorce petition in madras highcourt, but my native place is Andhra, i can't to going every hearing date, so please advice me, how can i transfer tamilnadu to Andhra

Advocate Poonam Atey answered
Only Supreme Court has the power to transfer the matter from one state to another. I understand you want to get the same transfered to Andhra Prasesh Court, so you may file a petition for the same describing all circumstances/facts to get the same transferred.

Q: Staututory Obligations after SC ruling. What are my legal options ?

AfterSupreme court order for closure of Liquor shops within 500 m along NH/SH. Is vendor of license need to pay installment of license fee of shops which are closed due to this judgement. After supreme court order to close particular business, whether obligation to pay statutory liability will also close or not?

Advocate Poonam Atey answered
the judgment of the supreme court has ordered for closure of the liquor shops and has not cancelled the license of the shop owner to sale the liquor. since the owner has a right to open the shop away from 500 m from NH. thus the statutory obligation to fee etc remains in order to maintain the licence.

Q: Query regarding need to register a logo/ name for a self-owned service

Hello there, I am an artist looking forward to sell hand painted / graphic art of my own creations on different medium (ex: T-shirt , posters, etc). I use a logo and a name of my page to tag my works. Do I need to get it registered somewhere? Is there a chance of an unknown claiming the name or the logo is his/her anyways?

Advocate Poonam Atey answered
hello there, you may register your logo or trademark under copy right act and trademarks act depending upon the artistic work. before applying you may check on the availability of the trademark in view of chances of avoiding unknown claiming the name/ logo.