Advocate Vijender Parmar

Questions Answered by Advocate Vijender Parmar

Q: Freelancer makeup artist using my photograph without my consent

For my brother's wedding in Jan'2020, I chose a Delhi based mua 'makeup_by_damini_kaushik' for 2 functions. She clicked few of my pics without my knowledge when my eyes were closed(she asked me to close eyes to do the eye makeup) and have put them up on her Instagram page. In feb when I got free from all the wedding chaos and pending work at my office and saw that post, I didn't like that at all. I firmly requested to remove that pic of mine from her page ON 26th FEB 2020, she did remove that pic after some discussion. Later few days, she blocked me. I asked a friend of mine whether she can see my pictures on her page and it was up there again. Damini archived the post earlier & put that back again. I confronted her AGAIN ON 6TH MAY 2020, and again after some discussions she removed it again. But now again she has put that pic up. I gave her a warning that she might face legal questions this time to which she said 'KEEP LEGAL ENFORCEMENT IN YOUR POCKET'. Need assistance on this.

Advocate Vijender Parmar answered
no one can use your identity or photo or name for their commercial purpose without your permission. moreover once you have asked her to remove the photograph from her account then it becomes unauthorised use of your photo and for that you can approach police or court to injunction her from using it .

Q: Custody of daughter and divorce

My son got married three years back and has a girl child one year old.His wife is quarrelling and beating him as well as inlaws. There is no evidence for the same. Daughter in law left home twenty days back with child.promising to take. But she send child to her parents in far away city.She is a working woman.Can my son get Custody of the child and take care of the same.He is residing in his own house with his parents. Can a divorce be filled in future .

Advocate Vijender Parmar answered
yes your son can file a case in family court for custody and visitation rights of the child as being a father it is his right and a divorce can also be filed on a later stage basis the facts of your case for that we need to first the entire facts of the case.

Q: District court show awaiting high court order how much time spend in t

130 CWP No.25172 of 2018DPSG Palam Vihar Gurugram Vs. Rajni Sharma and another Present: Mr.A.S.Talwar, Advocate, for the petitioner.*****Learned counsel for the petitioner contends that as per HaryanaSchool Education Act, Section II, sub-Clause 3(e) shows that arbitrationproceedings can be initiated on account of any dispute arising out of anybreach of contract between the employees and the managing committee withregard to pay and other allowances, leave of absence, age of retirement,contributory provident fund and other benefits and any disciplinary actionleading to the dismissal or removal from service or reduction in rank of theemployee. Pursuant to the contract with the respondents dated 06.01.2010(Annexure P-1) and dated 01.04.2016 (Annexure P-2), both the parties hadagreed to resolve the dispute with regard to disciplinary action, dismissaland removable from service with the help of Arbitrator as per Clause 35 ofthe letter/contract. Since the appointment letter (A

Advocate Vijender Parmar answered
please make your query precise and elaborate the stage of case to enable me to reply with appropriate available relief. It is also depend upon the nature of arbitration proceeding pending before the court.

Q: Tenant refused to pay as per agreement signed by him and also refused

M owner and rented my property .in agreement it is written that tenent is laible to all repairs and damages and will return the property in same or similar condition . It is also written that he will replace mattresses, and do psint and polish before vacating and wii give 2 months notice which is signed and agreed by the tenant but now he is refusing and denied stating that he will not do any of the above kindly suggest

Advocate Vijender Parmar answered
your relief will depend upon the status of possession and age of construction. if he is not vacating then eviction suit would be filed and for other damages relief for unpaid rent and damages will be prayed for.