Matrimonial Laws

Indians are mostly excited about marriages and equally worried about troubled marriages. Marriages form an integral part of every Indian family and hence, their legality and validity also has to be taken care of. Due to the vastness of diversity in the nation, the matrimonial laws are different for every religion based on their beliefs. There is yet a long way to go before the various disparate matrimonial laws can be made to yield to a uniform law. The chief obstacle in the way is the fact that the present marriage laws are too much religion-oriented. Muslim Law has its own code of principles for marriages, Hindu Marriage Act, 1955 applies to the Hindus, the Indian Christian Marriage Act, 1872 applies to Christians, Special Marriage Act, 1954 applies universally across all religions in special cases and so on.

Apart from just marriages, these matrimonial laws also have a codified set of rules and regulations regarding divorce as well which is enshrined in the Indian Divorce Act, 1869. Together, these laws govern and complement each other in the matrimonial aspect of legality in India. We help our clients get a solution to their problems and gain peace in their matrimony.

Marriage, Living Relationship or Partnerships Property Settlement Judicial Separation
Juvenile Offence Inheritance Right Claims Divorce Case
Child Protective Proceedings Special Marriage Cases Child Abuse or Child Neglect
Rights of Adopted Children Mutual Divorce Paternity
Protective Orders Dowry Annulment of Marriage
Surrogacy Property Disputes Pre & Post Nuptial Agreements
Uniform Distribution of Property NRI or Foreign Divorce Child Custody and Visitation
Appeal Against Divorce Decree Advising on Foreign and NRI Divorce Matters Other Related Matrimonial Law Proceedings
Succession Issues

Law Relating to Women

Gender justice and gender equality is a topic which doesn’t seem to stop being discussed over. Specific laws for women have always been there to protect them from the social insecurities and help them to grow independently. Various legislations mention about protection of women. Sections 294 and 509 of the Indian Penal Code (IPC) prohibit any individual or group of people pass any kind of offensive comment or execute any such gesture towards a girl of any age.  Even Section 498A of the Indian Penal Code protects women from any act of violence in a domestic home and there are several other penal provisions of the similar nature. The Child Marriage Restraint Act of 1929 prohibits getting a girl child married before the age of 18. Even on employment basis, The Minimum Wages Act considers men and women to be standing at the same level and to deserve equal pay and remuneration for equal nature of work. Hence, women are shielded from all possible directions but, the only need is make them aware of their rights and to help them use such rights in an effective and constructive manner to stand head-high in the society. Our team of experts deal in assisting women’s to fight for their rights under the supervision and guidance of seniors.

Alimony And Spouse Support Adoption of Child Pension Splitting
Inheritance Law Domestic Violence Cases Cruelty Against Wife
Permanent Alimony Cases Maintenance for Wife and Children

Food And Beverage Law

The Indian food processing industry is regulated by several laws which govern the aspects of sanitation, licensing and other necessary permits that are required to start up and run a food business. The legislation that dealt with food safety in India was the Prevention of Food Adulteration Act, 1954. In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act).

Caution and care should be observed in advertising of Food and Beverage especially ones containing high fat, Sugar and Salt(HFSS), advertisements should not be misleading or deceptive, advertisements for food or beverages unless nutritionally designed as such should not be promoted or portrayed as meal replacement as per Advertising Standards Council of India.

We have a dedicated team of attorneys who specializes in issues and concerns related to food industry and assists its clients in complying with food and beverage laws.

Civil Laws

Any law which deals with any kind of a dispute between individuals, organizations, or both is a civil law. Civil law mostly relates to the rights, their violation and hence, compensation. It is different from criminal law as criminal law is concerned with punishment as a remedy whereas civil law solves a problem with the awarding of compensation. Due to such differences, the procedure followed is also different for both the variations of law. Civil law procedures are always governed by the Civil Procedure Code. Civil Law can be further classified into various other laws which deals with different industries and also on the basis of social needs.

Corporate Laws

This is one prospect that keeps developing day by day and it contains a huge bunch of regulations. Corporate Law is bound by five major characteristics which include legal personality of an entity, limited liability, transfer of shares, delegated management under a board structure, and investor ownership. Corporate Law governs the businesses and companies to ensure that there is a legally-guided approach towards the fulfilled achievement of the above-mentioned five characteristics. A company needs to have a proper method of internal control in order to safeguard the shareholders and other stakeholders of the company.  Apart from the directors of the Company, only proper regulations can guide the companies in this aspect. There are various statutes which control the mechanism of corporate governance in India.

Contracts

Contractual transactions are very normal in the daily business of commercial and corporate sectors. Our scope of contracts mainly consists of commercial contracts where we draft, negotiate, implement, Vet and take care of any related matter arising out of such contracts. Our focus consists of the following contracts:

Agency Agreements Distributor Agreements Franchisee Agreements
Licensing Arrangements Manufacturing and Supply Agreements Commercial Contracts
Non Disclosure Agreements Partnerships ( Indian Partnership Act & Limited Liability Partnership Act) Due-Diligence Reports- for every segment of our practice
Collaborations Tax Planning

Education Laws

Education is a basic necessity for every individual in order to respectfully survive in a society. The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine the Right of Children to Free and Compulsory Education (RTE) Act, 2009. Sections 52(1) (g), (h) and (i) of Copyright Act, 1957 deal with education in particular and as such, policymakers in India who are interested in ensuring the greatest possible exceptions for educational access should assess whether sections 52(1)(g), (h), (i) and (p) as they stand at the moment, are adequate for supporting the country’s educational policy goals. The fair dealings exception for education should be both amply flexible to cover digital and distance education by minimizing the restrictions.

Criminal Law

This is one aspect of law which requires a lot of attention as it dwells within the society. Criminal litigation is way different from civil litigation as the former rushes to punishment as per the penal law and the latter tries to settle with compensation and dispute resolution. Criminal law demands fine as well as punishment in order to make it more deterrent for the existing criminals in the society. We have a specialized team dealing with such cases where we put in our best of efforts to provide the appropriate relief.

Employment And Benefits

Employment is another area of focus from a legal point of view. Any kind of employment comes along with a package of guidelines, legal compliance and agreements in the beginning of employment as well as retirement. Along with benefits and compliance, there are certain protective measures as well. Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was passed so as to provide equal opportunities in education, employment, social security and an unbiased atmosphere for the disabled. Section 47 of the Act provides that a government establishment is forbidden from reducing an employee’s rank if he or she acquires a disability during the course of their appointment. Our advice extends to the applicability of various HR Laws in India, both Central and State, including the Industrial Disputes Act, the Employees’ Provident Fund Act, Trade Unions Act, Payment of Bonus Act, Payment of Gratuity Act, Contract Labour Regulations, the state-specific Shops & Establishments enactments, etc. to name a few. We also advise our clients on applicability of HR Laws, the obligations and compliances there under, and the consequences of non-compliance, issues related to provident fund contributions, payment of gratuity, payment of bonus, superannuation/retirement benefits, termination of employment, hours of work, leave/ holiday entitlement, employee health and safety regulations, discrimination and harassment issues, employment agreements signed by the employees, Non-Disclosure Agreements signed by the employees etc. We also help the grieved employees recover their incentives and pensions during their retirement apart from dealing with the HR related matter of the companies as well.

Real Estate

Apart from preparing the above documentation, we also draft and advise on matters relating to real estate. In case of such matters, we advise our clients regarding compliance with the requisite stamp duty, applicable land laws, registration and other approvals from statutory bodies. Under the purview of real estate, we also cover land acquisition cases, selling and purchase of property, lease and taxation issues considering the fact that we also have gained experience in the following:

Advising on Joint Venture Development Development and promotion of Real Estate Drafting of Lease and Sale Documentation
Legal documentation and advice on Sale of Property Landlord and Tenant Disputes Land Use Regulations
Mortgage and Finance Agreements Building, Development and Construction Contracts House Tax disputes
Projects and retail property transactions Legal documentation and advice on Purchase of Property Legal documentation and advice on Lease of Property