Frequently Asked Questions

Who gets the custody of child in divorce by mutual consent?

The good part about a divorce with mutual consent is that the child is not dragged into fights as to the right of custody. The question of the custody of child is mutually decided by the husband and wife. Both husband and wife are considered to be competent to obtain custody of the child and decide mutually.

I have been falsely accused of committing sexual harassment at workplace. Can I defend my case?

You can defend the case with the help of best criminal defense lawyers in India if you are falsely accused of sexual harassment at workplace with evidences as to your good character, other circumstantial evidence and by disproving the basis of false claims. Beneficial laws are sometimes misused by women to file bogus cases or claims against individuals. Most of the time, human resources solve a harassment claim that is fictitious. Nevertheless, sometimes, a harassment claim that is fictitious can cause damages. For example, the man may lose their job, promotions, as well as wages because of the claim that is bogus. In these instances, it might be essential to take legal action as a way to regain another legal remedy or a damages award for the losses.

Can an aggrieved home buyer file complaint under Consumer Protection Act?

An aggrieved home buyer has a right to either approach the Adjudicatory Authority under RERA or the appropriate authority under the Consumer Protection Act. If the amount of claim exceeds Rs. 1 crore, the complainant can file a case with NCDRC thus ensuring speedy disposal of cases. The Act is applicable to them as the builders or promoters of any property project are considered to be providing “services”.

Can I file a criminal case against a person who has not repaid my debt in India?

Yes, you can file a criminal case against the person who has not repaid your loan under Section 420 of the Indian Penal Code i.e. the offence of cheating. The first step in filing of the criminal case is lodging of FIR in the police station of your jurisdiction. Once the investigation is concluded a case can be instituted in a Court of appropriate jurisdiction preceded by a legal notice to the accused. A criminal case acts as an efficient remedy owing to the retributive nature of the punishments and penalty.

What should I do if I receive a Legal Notice?

It is not mandatory to send a reply to a legal notice, yet it is advisable to reply appropriately to the notice bearing in mind the laws applicable. No reply to a notice can add advantage to the sender in a court of law. You can hire best lawyers in India to send a reply to a legal notice.

What are the features of a Private Limited Company?

A Private Limited Company, regulated by the Companies Act, 2013 has separate legal entity in the eyes of law. A separate legal entity means that the corporate body or business has a separate existence apart from its directors or shareholders.

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