Advocate Abha Kashyap

Questions Answered by Advocate Abha Kashyap (25+ answers)

Q: Query Raised by Registrar of Trade Marks Class 25

The objection is raised under S 9(1) (b) of the Trade Marks Act 1999, as the mark consists exclusively of words or indications which may serve in trade to designate the quality or other characteristics of the goods.

Advocate Abha Kashyap answered
We can help you with a reply to this objection. When did you receive the objection from the registry? Usually you have a period of 1 month to respond. I would request you to send the objection receive in order to allow me to review it and understand our strategy.

Q: Don't want My Wife To Come Back My Home

My wife has some kind of mental problem which they hide and even not accepting till today...Due to this split personality issue lot fight have been done physical as well , wo katne lagti hai..akhun se scratch kardeti thi.....ow she is at her parents home since last 1 year....She has taken the jewelry which we have given to her.....She is very negative women , what she want is drama all time......they have given car and some amout at the time marriage..... Please provide step by step suggestions , I am not able to understand where to start as she can also file many false cases against me...She was very used to cell phone she might have done some audio recording of our fights...Bahut buri bala h wo...Divorce chahiye us se. .. No children so far .. 2 saal ho gaye shadi ko

Advocate Abha Kashyap answered
We can definitely help with this matter. If you are afraid for your safety or her behavior, we can file for a restraining order to keep her away while you file for divorce. Alternatively, we can discuss a mutual separation arrangement based on a process such as mediation.

Q: Wife not agree to live with my parents.

Dear sir madam, my name is jitender from panchkula. In the year of 2013, my marriage was happened in Himachal pradesh. From the date of marriage I am doing compromise with my marriage life. My wife is not agree to live with my parents. My parents are depend on me. I am working in a reputed FMCG company. I have two childrens. One is 6 years and 2nd is only two days. My wife's parents are supported to him. Due to this my wife went thier parents house with both childrens. I had already request to her that pls live my parents peacefully. But she deny my all requests. Main culprit are her parents. I want my childrens. So i request to pls suggest on the same.

Advocate Abha Kashyap answered
There are definitely solutions to this situation. if other affairs are okay in your marriage, there is no need to go straight for a divorce. You may he able to file in court for a resumption of conjugal rights, to have your wife return to your home. It may also be advisable to seek a more gentle approach through family mediation - to attempt to reach a resolution of your issues without recourse to court conflict. Please let us know how we can help you with this matter.

Q: What Doesn't comes under Dowry

My wife was once my GF . I took money from my Friends and paid her Credit Card bills. Post marriage she returned that money to me and I paid back to those people.Now I am going through Divorce and she had termed that Account transfer as Dowry , filing 498A case against me. This is the only allegation in her FIR . Please suggest will this come under Dowry ?

Advocate Abha Kashyap answered
Dear sir,As per the law, the return of funds do not constitute dowry. As long as you can demonstrate that this was the repayment of a debt as opposed to a demanded dowry, this would not come under the same. If you are facing difficulty in this matter, we would be happy to help you.

Q: Annulment for doing fraud by hiding baldness (Female pattern baldness)

Can annulment given for the fraud of hiding baldness by girl (Female Pattern baldness). Married couple of months back and after marriage I can see bald spots at the top of her head and crown area and thinning. She probably had hormonal imbalance during puberty as she has facial, back and stomach hairs (called Hirustism). Basically she has a Ludwig scale classification wherein women hair loss happens from top and crown. This is unlike men where hairline is lost. Due to this she was able to hide baldness using long hairs and clips which I was not able to recognize before though I met her 3-5 times before marriage.My question is if she had this plan shouldn't she should be open before marriage rather than hiding it using hair styling. Would this come under fraud for annulment?I am trying to accept it from more than a month but the thought of this fraud is not going away so I thought to ask a query on this website.

Advocate Abha Kashyap answered
Dear Sir,Unfortunately, irregularities in hair growth patterns do not constitute marital fraud. Nor do they give rise to any other grounds of divorce. Furthermore, your description does not imply any form of hormonal imbalance - it follows ordinary hair growth patterns among healthy adults. Please let us know if there is anything else we can do to help you.