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How To Register A New Company/Firm In India?

India is a leading Market Place to sell goods & services worldwide, having the significance of being considered as the second largest populated country in the world after China. Among the wide range of businesses flourishing in the country, the electronic gadgets, clothes, and other accessories remain the top sellers. However, registering a New Company or Firm in the country of India is a matter of questions. The article discusses the process of registration and the possible options for a group or an individual for starting Start-ups in India.

By: Syed Suhaiba Geelani, 4TH-year B.A.L.L.B, (Five-year law), University of Kashmir.

Introduction

Beginning with the definition and difference between Company and firm, Company is a legal entity formed by a group of individuals to engage in and operate a business, commercial or industrial enterprise, while as a firm is a business organisation such as a corporation that produces and sells goods and services intending to generate revenue and make a profit. Usually, people refer to both the terms as same, but there lies a huge difference. The Company carries a separate legal entity while the Firms doesn’t carry any.

For Profit-making businesses in India, one needs to register themselves with any of the five agencies below:

  1. A company under Companies Act, 2013.

2. A firm under the Indian Partnership Act, 1932.

3. LLP under the Limited Liability Partnership Act, 2008.

4. Cooperative housing Society under Co-operative Societies Act, 1912.

5. Hindu Undivided Family (HUF) under the Hindu Succession Act, 1956.

Before registering with any one of them, one needs to also look out for their advantages and disadvantages. And after that, go-ahead for the registration process. The process is usually time-consuming, as all the important documents are required in the registration process. The frequency of registrations, approvals and documentation is required to complete the process of registration.

Over a period of time, India has been trying to reduce its norms and guidelines of compliance to attract more NRI and HNI investors towards the country. 

Registration of firm under the Indian Partnership Act, 1932

A type of business, in which two or more people mutually start a business with minimal compliances subjected to the maximum number of partners. The registration of such a partnership firm is not mandatory, but in some states including Maharashtra and Gujarat, the partnership should be registered. However, it’s always legally advisable register the partnership. 

Procedure for registration under Partnership Firm

Submission of an Application to the Registrar:

The person willing to go for the registration needs to duly Fill Form A (Physically or Online) and submit it to the registrar in the prescribed format within a reasonable time duration. 

The application must contain certain important details regarding the firm.  Those details include:

  • Name of the firm, along with Name and address of all the respective partners.
  • Complete address of the business, including that of main and all branches of the Firm.
  • Joining date of partners and their shares in the business of whatsoever nature. 
  • Time Duration of the Date of Commencement of Firm and their respective business. 

File the Partnership Deed to the Registrar:

Secondly, the partnership deed shall be submitted to the registrar. In the deed, the partners involved in the course of the partnership should agree to terms and conditions, and subsequently follow them during the business. 

 Payment of the Fees:

The person needs to pay or deposit the fees required for the registration process, including expenses of stamp duties.

Approval of the Application:

After the completion of the above steps, it remains at the discretion of registrar to decide whether or not, the application can be approved. Once approved, you’ll get the certificate of incorporation. After this, once can proceed ahead. 

For fast-track registration, one should always keep all required documents handy to prevent any hindrances during the documentation process. 

 Registration of Company under Companies Act, 2013

Registration of Company under Companies Act, 2013 requires a few steps of registering our business on the website of Ministry of Corporate Affairs (MCA). On opening the website, you’ll get all the relevant information and links available on www.mca.gov.in

For the process of registration, all promoters and directors shall have two important things.

  • Digital Signature Certificate (DSC).
  • Director Identity Number (DIN) for filling an e-form.

Procedure for Company’s Registration:

Approaching to Ministry of Corporate Affairs (MCA):

The process of reaching to this level has been simplified with the use of SPICe Plus.

SPICe is an abbreviation for Simplified Proforma for Incorporating a Company Electronically and as the name suggests itself, it refers to an application form for incorporating or registering a company with MCA. 

SPICe form has been replaced by the advanced SPICe plus PDF form.

 MCA SPICe Plus: The old Form SPICe+ (SPICe Plus) – It is a single application which helps to receive all approvals by the advantage of a single form. It consists of two parts, A & B, which are specified below.

Part A of Form is Reservation of Name (In case, the company is getting newly incorporated) while as

 Part B of Form: Incorporation of a new company- This process is being done by filling the Application; Applying for DIN allotment- If the director doesn’t have an existing one, it needs to be applied; Bank Account Opening- The account should be opened on the company’s name; TAN – Tax Deduction and Collection Account Number- This is a ten-digit number which will be required for deduction and collection of taxes; EPFO- It deals about the necessary arrangements for Employees Provident Fund; GSTIN- having the punchline of One Nation, One Tax. It is an integrated payment method for Indirect and Direct taxes.

The GST number is important for running a business; Memorandum of Association under Section 4; Article of Association under Section 5.

List of documents required before submission of form:

  • DIN of all the directors associated with the proposed company
  • DSC – Digital Signature Certificate
  • Name Availability Certificate (Part A of Form can be skipped if one has availed name availability certificate from the Registrar)
  • Memorandum of Association (MOA) and Article of Association (AOA) in electronic form.

Once you submit the form, it remains subject to the approval of the registering agency. Following the approval, the Incorporation Certificate is provided to the business, and then after the business stands Incorporated.

How To?

How to Write Good Answers and Score High in Law School

This article will help you learn the answer writing technique, which will give an edge to your answers over others. All the parts discussed in this article when put together will make a complete answer, which will help a law student to score good marks.

By: Anshika Singh, LLB Hons., 3rd year, Department of Law, PIMR. 

Every student opting to study law walks through this dilemma. Law, unlike other professions, is not only theory-based but also requires practical application of mind. When a student takes admission in a law school, his/her nervousness hikes during the examination because the generic answer writing pattern is not followed here. In general, one should keep it crisp, clean, to the point, and make sure the subject matter of the answer should be exhaustive yet the examiner needs to know that u know the concept without having to read through the entire number of pages.

Ideally, a good law examination tests how well a student has mastered the course material, and the ability to apply this knowledge to new situations. There are, however, some recurrent mistakes, oversights, and unwise practices that prevent students from doing as well as they might. If you are alert to avoiding these pitfalls, you will improve your examination results.

 So, to understand this topic better, the answer writing technique, to give the edge to your answers over others is divided into three parts. All these parts put together, makes a complete answer, which may help a law student to score good marks.

1. First part: Synopsis

For a good answer writing, one must figure out the broad outline for the topics to be covered. You must know exactly what the question is asked about, because if you are confused about the definite answer then it will be very difficult to frame the synopsis accordingly. Generally, the synopsis consists of 

  • Introduction to the topic
  • The main body of the answer
  • Case Laws related
  • Conclusion

Preparing synopsis help you to remain on the track, about the main question. By not preparing synopsis, a student, usually goes into the flow of writing and moves out of the topic.

Thus, it is very important to frame the answer and then start writing about it, so that you must know what to write and how much to write next.

The Introduction is the first and the foremost thing to be included in your answer. The introduction is the part where you just beat around the bush, that means in this part you just give a prologue to your answer and it shall include the content where you let the lecturer or the Examiner know what the answer is all about in the precise form.

In the introduction you do not put the entire answer but you just have to give a general information about the topic on which you would be writing in the coming heads in your answer. Also, if you want to, you can give a brief answer to your question and leave the important part of the answer such as ingredients, provisions, issues, etc. for the coming heads.

2. Second part: Answer the Question asked

To stand out from the crowd the most helpful and Strategic skill is to directly or specifically answer the question without moulding the important information of the topic. The examiner or the checker would directly get the necessary answer of the question asked and he would surely give the good marks for this thing. 

The ‘explanation of the concept’, is the heart and soul of the answer. It has a serious impact of maximum scoring of marks. This part consists of the explanation about the topic asked. The explanation must include a legal-understanding of the topic, proper application of sections and the rules, applicability of law. It is not necessary to write the bare act or bookish language, as it is, the answer must be understandable and must consist of proper reasoning. One must have a deep knowledge of major sections/law/articles/codes, etc. also, you can write you answer in points, and explain them accordingly, if the question is of lesser marks. Answering in points helps the examiner to know, that you have the knowledge of this particular topic or not. Highlighting the important keywords is also a good idea to catch attention on the relevant part.

The explanation is depended upon what is asked, for example, if you are asked about a question on, say, Explain Murder and culpable Homicide, so first, you will write about the sections and where are they covered in IPC, after that you’ll explain the essential ingredients of the sections, which will be followed by illustrations, and finally the difference between the two.

3. Third part: Concluding the answer

The third part must consist of case laws and conclusion. It is correct, and also if feasible, to include case laws in explanation part also. It is up to you, wherever you find it relevant, to put up the case law or the landmark judgements of the concerned topic. The conclusion must summarize the answer and include factual explanation of the answer.

A general understanding on the topic can also be stated in the concluding part.

4. Case-Study:

The above stated, is a common way of writing an answer in law school exams. But some questions, such as case study, does not require this approach to write answers. A case-study is a scenario created for the application of mind in a legal way. It requires a slightly different format to frame the answer. A general format for writing case-study is:

  • Facts of the case
  • Issues involved in the case
  • Judgement
  • Principle applied
  • Conclusion

The facts of the case must be presented in a precise form. After that, you must derive the issue involved from that particular case.

The issues are usually asked in the question itself, so you just have to mention them, in this part. The judgement contains a very concise statement of what the actual decision is, so it must be kept short and one-lined. 

The ‘principle applied’ part is the most important part, as you have to give the main reasoning for the answer here. The laws applied, precedents stated, and the reasons for arriving to the judgement is mentioned under this part. It must be proper and quality-contained. It can be stated in points, if required. Later, the last part must be complied of the conclusion derived.

How To?

How to prepare and register a Sale Deed

Sale deed is an instrument in writing which transfers the ownership of the property or properties in exchange for a price paid/consideration. This is a document that requires to be registered compulsorily.

By: Prachi Kulkarni, 2nd Year, LLB, Government Law College, Mumbai.

What is a sale deed ?

The Transfer of Property Act contains provisions relating to transferring of property and the process therein. One of the most important legal documents required to be executed between the seller and the purchaser to complete the transaction at the time of purchasing a property is the sale deed.

A sale deed indicates that the title of ownership has been transferred from the seller in favour of the buyer; or in simpler words, the ownership has been changed from the seller to the buyer.

So, a Sale Deed is essentially a document that there’s proof of such a transfer. Not only does it describe the property in detail, but it also outlines the rights and obligations of each party. A sale deed is a proof that the seller has transferred the absolute right of the property to the buyer.

Difference between agreement for sale and sale deed

A sale deed refers to a contract to actually sell the property to the buyer. Unlike this an agreement for sale is a future contract, it is a promise to sell the property at a certain future date.

Sale deed includes information about both the parties (buyer & seller), their ages, addresses and other details, whereas the agreement for sale has the terms and conditions of the agreement. Sale agreement gives a right for the purchaser to purchase the property in question on the satisfaction of certain condition but a sale deed gives the person right to the property itself. Buyer has to pay stamp duty and registration fee to execute a sale deed unlike an agreement to sale wherein nothing as such is required.

Information required for a sale deed

  1. Details of the buyers and sellers (name, age and addresses)
  2. Property description (total area, details of construction, the exact address and surroundings)
  3. Sale amount including advance payment paid as well as the mode of payment
  4. Time frame when the property title will be actually passed to the buyer.
  5. Actual date of delivery of possession.
  6. Indemnity clause (The seller promises to pay the buyer for any damages in case of disputes with regard to the ownership, resulting in monetary losses to the buyer)

Documents Required for Sale Deed Registration

  • Draft of Sale Deed
  • Power of Attorney, if any
  • Building Plan sanctioned by the Statutory Authority
  • Allotment Letter from the Builder/Co-Operative Society/Housing Board
  • All title documents of the property owner
  • A Copy of all registered previous agreements (in case of resale property)
  • Latest tax paid receipts
  • Latest electricity bill & receipt for the said property (in case of resale property)
  • NOC from Apartment Association (in case of resale property)

How to register a Sale deed ?

As per section 55 of the Transfer of Property Act , both the seller and buyer need to make certain disclosures and representations concerning the immovable property in the Sale Deed. Further, as per section 55 (1), the disclosures and representations that a seller needs to make are as follows:

  • Full Disclosure to the buyer about the following:
  1. Material Defect in the Property.
  2. Defect in Seller’s Title.
  3. Third Party Claims.
  4. Disputes about which the Buyer is Unaware.
  5. Defects which the Buyer cannot Discover with Prudence or Ordinary Care.
  6. To produce all the documents required by the buyer regarding the seller’s title for examination.
  7. Willingness to answer all the questions raised by the buyer regarding the property.
  8. Execution of the proper Conveyance or Sale Deed after the Payment of Amount.
  9. To take utmost care of the property and documents till the date of delivery of the property.
  10. Offering possession of the property in the manner accepted by the buyer.
  11. Payment and clearances of all the government charges and rent accrued regarding the property till the date of delivery of possession.
  12. Nil Encumbrance or Lien over the Property.

Important Points while drafting a sale deed

1. Original Deed

This is the most important aspect of drafting a document. Applicable laws change from time to time. Hence, it is a safe bet to leave it to experts, unless you have sufficient expertise yourself. 

2. Parties to Contract

The title may be either ‘Sale Deed’ or ‘Deed of Sale’. It is different from the agreement to sell where the individual terms and conditions of the sale are mentioned. Details of the parties should be mentioned including full name, addresses, age and occupation if possible.

3. Previous Agreement to Sell

A proper mention must be made to the detailed agreement to sell drafted between the parties where the seller agreed to sell and the buyer agreed to buy. It also contains all the important terms and condition based on which the deed of sale is drafted. 

4. Description of Property

The key aspect of the sale deed is the property. Every bit of detail of the same should be recorded in the sale deed starting from the extent of the property, the survey number, the address, the construction details including roofing, number of rooms, parking facilities, borewell if any, boundary details, etc. The sale deed should mention how the property came under the ownership of the seller as well.

5. Clear title

The property should not be liable to be attached by any authorities. All facts regarding the same should be mentioned.

6. Consideration

Consideration is the monetary compensation that a seller receives in exchange of his property. The advance amount paid while making the agreement to sell should be mentioned as well. How you made/received the payment also matters. 

7. Transfer of title

The very purpose of a sale deed is to enable the transfer of title from one party to another. This is the main document that will be used to change all certificates and documents related to the property. 

8. Indemnity

If you are a buyer, make sure that there is a detailed indemnity clause which shall make the seller responsible for any hindrances in the peaceful enjoyment of the property

9. Delivery details

All details regarding how the possession is getting handed over need to be mentioned. Delivery of all the important documents in original and copies as applicable should be recorded. This will avoid confusions in future as to which document lies with whom. 

10. Details of the Witnesses

A valid sale deed should be attested by two witnesses: one from the seller’s side and one from the buyer’s side. Both the witnesses should be competent to contract as well. Their contact details should be mentioned as well.

References:

  1. https://swaritadvisors.com/learning/sale-deed-format-process-to-draft-a-sale-deed-in-india/ 
  2. https://legaldesk.com/property/10-things-to-keep-in-mind-while-drafting-a-sale-deed
How To?

How to Register a Copyright in India

Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of creative work, usually for a limited time. The owner of the copyright gets to decide who can legally make copies of that work. 

By: Prachi Kulkarni, Government Law College, Mumbai.

Introduction

Copyright refers to the legal right of the owner of intellectual property. In layman’s language, copyright is the right to copy. This means that the original creators of products and anyone they give authorization to are the only ones with the exclusive right to reproduce the work.

Copyright law gives creators of original material the exclusive right to further use and duplicate that material for a given amount of time, at which point the copyrighted item becomes public domain.

What is copyright?

Copyright is a right given by the law to creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings. It is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation, and translation of the work. There could be slight variations in the composition of the rights depending on the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. The economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects, and producers of sound recordings, cinematograph films, and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.

Works That Can be Protected Under Copyright Law

Copyright subsists throughout India in the following classes of works:

  • Original literary, dramatic, musical, and artistic works;
  • Cinematograph films; and
  • Sound recordings.

Copyright Law in India

Indian copyright law is at parity with the international standards as contained in TRIPS. The (Indian) Copyright Act, 1957, under the amendments in 1999, 2002, and 2012, fully reflects the Berne Convention for Protection of Literary and Artistic Works, 1886 and the Universal Copyrights Convention, to which India is a party. India is also a party to the Geneva Convention for the Protection of Rights of Producers of Phonograms and is an active member of the World Intellectual Property Organization (WIPO) and United Nations Educational, Scientific and Cultural Organization (UNESCO).

Who can apply for a copyright?

  1. The author

The author of the work is:- Either the person who actually created the work or if made during the scope of employment, then the employer. This is considered as ‘work made for hire’ or Such an author is legally allowed to get a copyright for his/her work.

2. The owner of exclusive rights

The owner of exclusive rights is permitted to apply for registering his or her claim in the work.

3. The copyright claimant

This is either- The author or a person, or an organization that has obtained ownership rights from the author through a written contract, will, etc.

4. The authorized agent

This refers to any person authorized to act on behalf of either- the author, or the copyright claimant, or the owner of an exclusive right.

Is it necessary to register a work to claim copyright? 

It is not necessary to register a work to claim copyright.

However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law concerning a dispute relating to ownership of copyright.

What is the term of protection of copyright?

The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical, and artistic works, the 60 years are counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, and works of international organizations, 60-years are counted from the date of publication.

Documents required for filing a Copyright Application in India

Artistic Work

  1. Two copies of the work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. Author’s NOC if the applicant is different from the author.
  4. Publisher’s NOC if the work published and publisher is different from the applicant.
  5. Search certificate from the trademark office (TM -60) if the work is being used on the goods or capable of being used on the goods.
  6. NOC from the individual whose photograph appears on the work.
  7. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Cinematograph Film

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from different copyright holders or copies of the agreement (deed of assignment).
  4. NOC from the publisher if the work published and publisher is different from the applicant.
  5. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Music

  1. Two copies of work (graphical notes).
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from the publisher if the work published and publisher is different from the applicant.
  4. Author’s NOC if the applicant is other than the author.
  5. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Literary/Dramatic

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from the publisher if the applicant is other than the publisher and the work is published.
  4. Author’s NOC if the applicant is other than the author.
  5. If the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Sound Recording

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. NOC from different copyright holders or copies of the agreement (deed of assignment).
  4. NOC from the publisher if the work published and publisher is different from the applicant.
  5. However, if the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.

Software

  1. Two copies of work.
  2. DD or IPO of Rs. (applicable) according to work.
  3. Author’s NOC if the author is different from the applicant.
  4. NOC from the publisher if the work is published and the publisher is different from the applicant.
  5. However, if the application is being filed with the help of an attorney, a specific power of attorney in the original duly signed by the applicant and accepted by the attorney.
  6. Also, the source code and the object code of the work for verification.

So, these are the list of documents to be submitted for a different type of works.

The procedure for registering a copyright in India

Step 1: Registration

The copyright registration application has to be filed in the concerned forms with the Copyright Registrar, mentioning the particulars of the work. Depending on the type of work, separate copyright applications may have to be filed.

Step 2: Paper Work 

The forms must be duly signed by the applicant and the application must be submitted by the Advocate under whose name Power of Attorney has been executed.

Step 3: Submission

Once the application is submitted online, you will be issued the Diary number.

Step 4: Review Period

There is a waiting period of 30 days within which the Copyright Examiner reviews the application for potential discrepancies and/or objections.

Step 5: Correcting Discrepancies

If discrepancy and/or objections are found, discrepancy notice will be issued and the same needs to have complied within 30 days from the date of issuance of the notice.

Step 6: Completion of Registration

Once the discrepancy has been removed or if there are no discrepancies or objections with the application, the copyright shall be registered and the Copyright Office shall issue the Extracts of Register of Copyrights (ROC) which is nothing but the Registration Certificate.

On completion of the copyright application, you will receive a diary number. Registration will take 12 months from this day.

References:

1.https://www.investopedia.com/terms/c/copyright.asp

2.https://blog.ipleaders.in/copyright-registration/

3.https://copyright.gov.in

How To?

How to file Judicial Custody of a Child

Whenever a couple decides to go for divorce due to any reason of the failure of their marriage, the most suffered one are the kids and this becomes more intense as well as difficult because a child who comes from a broken marriage needs a different kind of upbringing.

By: Sanya Barman, 3rd Year, BLS LLB, Rizvi Law College, Mumbai.

Introduction

Child custody is a process of caring and maintenance of the child who is less than 18 years by the custodial parent who has been granted rights by the court after looking at the set parameters such as financial security, understanding with child, the environment in the house, etc. The custodial parent has all the right to decide the best in the interest of the child with respect to education, lifestyle, medical and emotional needs, etc. while the non-custodial parent holds right to meet the child only.

But in many cases both the parents are given right to decide about their child interest but the physical custody is only given to one parent. This type of cases mostly take place when the divorce is takes place with mutual consent.

Types of Child Custody

  • Physical Custody- In this type of custody, child lives with the custodial parent while the other parent can only meet the child during the time duration set by the court.
  • Joint-Physical Custody- In this custody both parent have the physical custody of the child, child lives with both the parent for a significant time period. In such cases both parent have equal right on their child.
  • Sole Custody- In this custody the entire right to live with child is with the one parent only. This happens if the court finds out that the other parent is abusive, alcoholic, and violent or is a bad influence on child.
  • Third Party Custody- In this Custody, none of the biological parent get the custody but the third party gets it.

As per Hindu Minority And Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of their mother as they need proper care emotional as well as physical which only a mother can give.

The custody of the boy or unmarried girl below the age of 18 and above the age of 5 shall be given to the father of the child and only after his death shall be given to the mother.

If the child is illegitimate then the custody shall be given to the mother.

If the parents are not willingly to take the custody of child or the court finds that for the betterment of child the custody must not be given to them only in that case the custody will be given to the third party. 

Factors that affect the custody of child 

Whenever the court has to decide the custody these factors are looked after for the betterment of child:

  • Mental, physical as well as emotional stability of the parent to make legal decision on the behalf of child.
  • Relationship bond between child and parent.
  • History of abuse, neglect or violence.
  • Financial status of both the parents are compared
  • Wishes of a child, in the case where a child can make an opinion of its own.

Conditions in which child custody is given to father

  • If mother is willingly giving the custody to father.
  • If the mother is mentally unfit to look after the child.
  • If the child is 13 above and desires to stay with his father.
  • If the court finds out that the mother is of immoral character.
  • If father can prove the court that mother is financially incapable to take care of child and he is financially capable to give best to his child.
  • If mother is a convict itself.

Child Custody Laws in India

  1. Guardian and Wards Act, 1890
  2. Section 26 of the Hindu Marriage Act, 1955
  3. Custody under Muslim Law
  4. Custody under Hindu Law
  5. Section 38 of Special Marriage Act, 1958
  6. Hindu Adoption & Maintenance Act, 1956
  7. Hindu Minority and Guardianship Act, 1956

A child custody cases can be filed in the jurisdiction of the family court where the minor child resides.

Procedure to file Child Custody Case

A petition for child custody regarding the appointment of natural or legal guardian of minor starts with the filling of the petition by the spouse seeking child custody.

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