Consultation and Cases

 C1- I am an Indian lady. My husband and I are Hindus. Our marriage was under Hindu ceremonial rites. Bow my husband has filed for a divorce before the sharia'a court here. Is it possible for him to obtain a divorce from the Sharia'a court if don't appear before the Sharia'a court as both of when us are non-Muslims. 

Answer : 
 
If you don't appear before the Sharia'a Court, your husband could obtain a decree of divorce as under personal law No. 28/2005

But if you appear before the Sharia'a Court and refuse to accept application of Sharia'a and insist that as both of you are Hindus, only Hindu law is applicable, the court will reject the application filed by your husband unless the ground raised by your husband comes within Article 13 of the Hindu Marriage Act, as according to Article 2/13 of Civil Transaction Act in divorce cases law of the country to which the husband belongs at the time of divorce shall apply.

 C2 - I am a partner in a LLC company. Now my partner is not allowing me to function properly as a partner and exercise my duties. What should I do?

Answer:

If you desire you could move a civil court of the dissolution of the company and obtain your share in the assets and profits of your company.

C3 – I am working with a company here. In my labour contract, there is a clause that the period stipulated under Article 127 of labour laws in 2 years. If I resign from the company would they be able to put a ban on me.

Answer:

As there is a specific clause in your labour contract which you have agreed to, there would be a labour ban of 2 years in case your resign from the company.

C4 – my friend met with a road traffic accident and is now in vegetative coma. How can I conduct a case to get compensation for him?

Answer:

Legal heirs of your friend have to obtain a legal heir ship certificate from the concerned authorities in his country. Then they can give a power of attorney entrusting you to conduct a case for compensation on behalf of them.

C5 – we want to register a trade mark already registered in China, what are the documents we should provide to you for registration of the trade mark, here in UAE?

 Answer:

1- Power of Attorney executed by the Chinese Company authorizing your company to register their trade mark in UAE, attested by the UAE Embassy.

2- Attested (by the UAE Embassy) copies of (a) Certificate of incorporation of the Chinese company and (b) Certificate of registration of trade mark in China.

3- Power of Attorney to be executed by your company in your favor.

4- Copies of certificate of incorporation of your company, and

5- Twenty Eight (28) trade marks in the form of self adhesive stickers measuring 5 cm x 6 cm for registration.

Initially, we shall apply for provisional registration of the trade mark under various classes. Thereafter the provisional registration will be published in the official gazette and two local Arabic news papers. After a period of 30 days from such publication, we can apply for final registration, provided no other party has objected to your using the trade mark provisionally registered.