Advocate Ankit Sharma

Questions Answered by Advocate Ankit Sharma

Q: Can past affairs become proof for divorce

Hi meri shadi ho chuki hai shadi ko 3 saal ho chuke hai abhi 6 mahine se main apne parents k paas hu kisi reason se mere husband n mujhe bulane ko u/s 9 daala hai par vo apni shart rakh rahe hain ki lekin meri problem hai ki mujhe darr hai kahin mera past samne.na rakh de vo court m actully mera physicall relationship tha 3-4 logo k sath ek se pyar kia but usne use kia and apne bhai ko mujhe de dia n usne b use kia again teesre bande n use kia m bhot friendly thi sabke sath jyada involvement ho jati thi fb acount b mera saaf ni hai sabke sath meri chat hui hai jab akela feel karne lagi but shadi k baad m apne hubby k sath khush thi but unko pata chal gaya m aj b unke sath hi rhna chahti hu mujhr darr h kahin vo mere khilaf sab saboot istrmal na kare pls help me kya mere sath court m galat hoga pls help

Advocate Ankit Sharma answered
Dear Ms. XYour husband cannot prove it in the court untill such "involvement" was not happened during your married life. Your husband cannot invoke divorce upon you for your past relationships (be it sexual or otherwise).Although if such sexual relationship or similar attributes were associated with you during you marriage can be a good grond of divorce.

Q: Alimony in case of mutual divorce

If I go for mutual divorce , will i get alimony

Advocate Ankit Sharma answered
Yes, if you are filling mutual divorce under 13B, you will be required to furnish the details of full and final settlement which is mutual agreed by the other spouse in the affidavit. If the parties do not reach to an agreement on alimony, then court can send the case to mediation as well.

Q: Legal implication of marrying a non divorcee women

If legally divorce person marry women who is not legally divorce What would the implications for legally divorce husband as women is not legally divorced What cases be filed against legally divorced husband n his family

Advocate Ankit Sharma answered
Not legally divorced women means she is legally wedded wife of somebody. You can't marry her untill the decree of divorce from his previous marriage is not granted by the court. If you still marry her, it is punishable for 7 years.If you have sexual relationship with the legally wedded wife of somebody, you can be punished for the offense of adultery for 2 years terms, if proved.

Q: Trademark in India with a name that contains industry specific term

How can I apply for trademark in India with a name that contains industry specific terms and not get an objection? For example, I wish to apply TM for "Aries Pharma" in which Pharma denotes industry and Aries makes my TM unique. Pharma is widely used by multiple companies in India for example; Cadila Pharma, Sun Pharma etc. Also, while Aries is a registered TM in Class 5, there are multiple marks with combination / unique usage of Aries which have been granted. What are my chances of obtaining this TM and what sort of objections should I expect?

Advocate Ankit Sharma answered
Pharma is not a coined term and one can't book it for eternity. If the prefix before pharma is unique then there should be no problem, also that go for a device mark and you can easily brand pharma under it, like many single brand retail traders are doing for example haldiram is placing it's device on the top of the packet Namkeen can be placed under the device of haldiram. If you insert some word like sky before aries and take a device mark then there are chances that you would not face any objections. Although you should be prepared for such objection as TM registry raise objection even if your word is slightly similar phonetically. You will have a right to use that device as your trademark once applied, but you will only get the certificate once you satisfies the registrar which usually takes 2-3 years if registry put objections at a frivolous speed. There are likely chances that once you mark is being published in the journal then it is pretty smooth from there.Rate this is it helps