Freewill of Marriage / Court Marriage

Everyone is free to choose his future life and contract marriage if you meet certain requirements in order to marry. Generally are as under :

·         being at least the age of consent (usually 18, though sometimes you may marry younger with your parents' consent) under the Majority Act.

·         If marrying is girl then as per Muslim Personal Law if she is in age of 16 which is declared sui juris by the many judgments of the High Courts, she can marry.

·         not being too closely related to your intended spouse. That will be better according to medical point of views. Otherwise law and religion does not prohibit.

·         having sufficient mental capacity -- that is, you must understand what you are doing and what consequences your actions may have

·         being sober at the time of the marriage.

·         Freewill of the both parties are necessary.

·         Holding the CNIC (Computerized Identity Card) or Passport or birth certificate.

·         Without using of intoxication and without any kind of pressure, threat or coercion and having in full sense.

·         not being married to anyone else. However in Islam polygamy by the husband is allowed and as per law previous wife permission is required.

·         getting a blood test (for your and medical satisfaction), and

·         obtaining a marriage Certificate / Nikahnama.

Intellectual Property

TRADE MARK

Trademarks or marks are words, symbols, designs, combinations of letters or numbers, or other devices that identify and distinguish products and services in the marketplace. When trademarks are presented to the public via advertising, marketing, trade shows, or other means, they become one of a company's most valuable assets—potential customers identify a company by its trademark. Because certain trademarks immediately create an image of quality goods and services to potential buyers, they are valuable assets that should be protected.

When trademarks are registered at the state, federal, or international levels, their owners are provided the maximum legal protection for company names and/or company products. Thus, in creating or selecting company names and trademarks, a major concern is to design names and trademarks that may be registered . Today, the feasibility of designing names for products and services as well as trademarks for them is not likely because millions of trademarks are already registered.

A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from the goods of others. It can be in the form of words, designs, letters, numerals or packaging, slogans, devices, symbols, etc.

Being a signatory to Trade Related Intellectual property Rights, Agreement (TRIPs) under WTO, Pakistan required up gradation of its intellectual property infrastructure in tandem with global trends. Accordingly the existing legislation on Intellectual Property i.e. Copyrights, Patents and Trademarks has been upgraded and the revised laws have been promulgated.

Trade Marks Registry is working under the administrative control of Intellectual Property Organization of Pakistan. The main function of the Registry is to grant protection of trade marks relating to both goods and services through registration under the Trade Marks Ordinance 2001 and Trade Mark Rules 2004. The Trade Marks Registry works like a Civil Court. The Registrar of Trade Marks hears and decides the cases relating to registration, post registration, opposition and rectification matters.

STEPS FOR REGISTRAION

1.      Search before filing of Application.

2.      Filing of Application.

3.      Preliminary Examination.

4.      Final order for Publication.

5.      Printing in Trademarks Journal.

6.      Opposition Procedure.

7.      Issuance of Registration Certificate.

8.      Renewal of the Registration.

9.      Post Registration matters.

10. Rectification Procedure.

Other services

1.Patents:

A patent is a grant from the Government, which confers on the grantee, for a limited term of 20 years, the following acts, namely 1) When patents has been granted in respect of a product. 2)When the patents has been granted in respect of a process




2. Copy Rights:

 Copyright deals with the protection of literary and artistic works. These include writings, music, and works of the fine arts, such as paintings and sculptures, and technology-based works such as computer programs and electronic databases.

3. Industrial Design:


An industrial design is the ornamental or aesthetic aspect of an article, in other words, that part which makes the article attractive & appealing. It may consist of three-dimensional features, such as the shape or surface of an article or two-dimensional features, such as patterns, lines or colors.

4. Integrated Circuits:




Integrated circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function.

5. Geographical Indications:


 Geographical Indication in relation to goods, means , an indication which identifies such goods, as originating or manufactured or produced in a territory of a qualifying country or a region or a locality of a qualifying country , where a given quality, reputation or other characteristic of such goods, is essentially attributable to its geographical origin.

6. Plant Breeders Rights:


A Plant Variety is a plant group within a single botanical tax on of the lowest rank. It can be defined by the expression of the characteristics resulting from given genotype or combination of genotypes; distinguished from any other plant grouping by expression of at least one of those characteristics; considered as a unit with regard to its suitability for being propagated unchanged.

TRADE MARK

Trademarks or marks are words, symbols, designs, combinations of letters or numbers, or other devices that identify and distinguish products and services in the marketplace. When trademarks are presented to the public via advertising, marketing, trade shows, or other means, they become one of a company's most valuable assets—potential customers identify a company by its trademark. Because certain trademarks immediately create an image of quality goods and services to potential buyers, they are valuable assets that should be protected.

When trademarks are registered at the state, federal, or international levels, their owners are provided the maximum legal protection for company names and/or company products. Thus, in creating or selecting company names and trademarks, a major concern is to design names and trademarks that may be registered . Today, the feasibility of designing names for products and services as well as trademarks for them is not likely because millions of trademarks are already registered.

A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from the goods of others. It can be in the form of words, designs, letters, numerals or packaging, slogans, devices, symbols, etc.

Being a signatory to Trade Related Intellectual property Rights, Agreement (TRIPs) under WTO, Pakistan required up gradation of its intellectual property infrastructure in tandem with global trends. Accordingly the existing legislation on Intellectual Property i.e. Copyrights, Patents and Trademarks has been upgraded and the revised laws have been promulgated.

Trade Marks Registry is working under the administrative control of Intellectual Property Organization of Pakistan. The main function of the Registry is to grant protection of trade marks relating to both goods and services through registration under the Trade Marks Ordinance 2001 and Trade Mark Rules 2004. The Trade Marks Registry works like a Civil Court. The Registrar of Trade Marks hears and decides the cases relating to registration, post registration, opposition and rectification matters.

STEPS FOR REGISTRAION

1.      Search before filing of Application.

2.      Filing of Application.

3.      Preliminary Examination.

4.      Final order for Publication.

5.      Printing in Trademarks Journal.

6.      Opposition Procedure.

7.      Issuance of Registration Certificate.

8.      Renewal of the Registration.

9.      Post Registration matters.

10. Rectification Procedure.

Other services

1.Patents:

A patent is a grant from the Government, which confers on the grantee, for a limited term of 20 years, the following acts, namely 1) When patents has been granted in respect of a product. 2)When the patents has been granted in respect of a process

2. Copy Rights:

 Copyright deals with the protection of literary and artistic works. These include writings, music, and works of the fine arts, such as paintings and sculptures, and technology-based works such as computer programs and electronic databases.

3. Industrial Design:

An industrial design is the ornamental or aesthetic aspect of an article, in other words, that part which makes the article attractive & appealing. It may consist of three-dimensional features, such as the shape or surface of an article or two-dimensional features, such as patterns, lines or colors.

4. Integrated Circuits:

Integrated circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function.

5. Geographical Indications:

 Geographical Indication in relation to goods, means , an indication which identifies such goods, as originating or manufactured or produced in a territory of a qualifying country or a region or a locality of a qualifying country , where a given quality, reputation or other characteristic of such goods, is essentially attributable to its geographical origin.

6. Plant Breeders Rights:

A Plant Variety is a plant group within a single botanical tax on of the lowest rank. It can be defined by the expression of the characteristics resulting from given genotype or combination of genotypes; distinguished from any other plant grouping by expression of at least one of those characteristics; considered as a unit with regard to its suitability for being propagated unchanged.

Khulla

Right of Khulla is not an unconditional right but this can be granted by court upon satisfying itself that there is such discard, hatred, intense, dislike and incurable aversion on the part of wife that is impossible for the spouses to live together and perform their matrimonial obligations within the limits of prescribed by God.

Khulla is a kind of divorce when wife get from the family court in lieu of forgoing her right of dower . section 8 of Muslim Family Law Ordinance 1961 attract on Khulla and other dissolution of marriage other then talaq under section 7 of Muslim family Law Ordinance 1961.

When wife file the suit for the dissolution of marriage by way of khulla under section 8. Summons are issued to the husband through registered mail, courier service, pasting and as well through publication in the newspaper and court give sufficient time and chance to husband to file his rebuttal and reply. Therefore court fixes the case for pre-trial for reconciliation and compromise. If reconciliation fails then under section 10 court pass the decree for dissolution of marriage fore with and also restore to the husband the haq mahar received by the wife inconsideration of the marriage at the time of marriage

On the other hand if husband fail to appear then court published the summon in the newspaper and try to bring the husband in the court but if he fail to appear then court have  no other alternative except  to decree the suit ex-parte by dissolving the marriage by way of khulla.

In the suit of Khulla, there is no need to prove any allegation leveled by the wife against the husband. Only hatred is sufficient for the grant of Khulla. As Islam and law does not allow the hateful union.

Divorce

Divorce, like the death of a loved one, is one of the most traumatic events in a person’s lifetime. As a Divorce Lawyer, Muhammad Iqbal Khan knows that shoddy or substandard service is simply not acceptable. If you are looking for a Family Law Attorney to help you get fast, focused, and fair results, whether through trial or a mediated settlement, please contact Iqbal law Services Family Law firm. Husband is free to pronounce divorce to his wife in Islam and wife is also free to pronounce divorce to herself if the delegated powers has been granted to her by the husband as prescribed in the Nikahnama / marriage certificate.

There are two main kinds of the Divorce for women:-



1.    Khulla :- It is the simple form of Khulla /divorce that is got by the women from the competent court of Family Judge of the concern jurisdiction in lieu of the dower/maintenance or any other benefit received by the wife form his husband and she have to return back in lieu of the khulla.

2.    Divorce:- It is also obtained from the competent court of law by wife if she don’t want to live with his husband in the prescribed limits of Almighty Allah as husband and wife on any of the flowing grounds under the Muslim Marriages Act, 1939:-

(1)    that the whereabouts of the husband have not been known for a period a four years.
(2)    That the husband has neglected or has failed to provide for her maintenance for a period of two years. OR under subsection II-A, that the husband has taken an additional wife in contravention of the provisos of the Muslim Family Laws Ordinance, 1961
(3)    That the husband has been sentenced to imprisonment for a period of seven years or upward.
(4)    That the husband has failed to perform without reasonable cause his marital obligations for a period of three years.
(5)    That the husband was impotent at the time of marriage and continues to be so.
(6)    That the husband has insane for a period f tow years or is suffering from leprosy or a virulent venereal disease.
(7)    That she, having been given in marriage by her father or other guardian before she attained the age of sixteen years. Repudiated the marriage before attaining the age of eighteen years(provided that the marriage has not been consummated)
(8)    That the husband treats here with cruelty that is to say:

- (a)    habitually assault her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
- (b)    associates with women of evil repute or leads an infamous life, or
- (c)    attempts to force her to lead an immoral life, or
- (d)    disposes of her property or prevents her exercising her legal rights over it, or
- (e)    obstructs her in the observance of her religious profession or practice, or
- (f)    if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qur’an.

(9)    on any other ground which is recognized as valid for the dissolution of marriage under Muslim Law, provide that

- (a)    no decree passed on ground (1)shall not take effect for a period of six months form the dated of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies that curt that he is prepared to perform his conjugal duties the court shall set aside the said decree, and
- (b)    before passing a decree on ground (5) the court shall, on application by the husband, make an order requiring the husband to satisfy the court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the court within such period, no decree shall be passed on the said ground.

Muhammad Iqbal Khan knows how frightening, how dangerous, and how frustrating divorce can be. He is a true advocate of her clients, helping them define realistic goals and then relentlessly pursuing those goals on their behalf.

Divorce is a complex process, redefining the financial and personal relationships within a family. As a Family Law Attorney, Muhammad Iqbal Khan has:
- •    the sensitivity to preserve her client’s dignity throughout the course of this emotional process
- •    the creativity and determination to craft child custody, visitation, and child support solutions that are truly in the children’s best interests
- •    the analytical skills and aggressive litigation experience to protect her client’s financial interests during negotiations regarding spousal maintenance and division of marital property If you would like to discuss any divorce-related issue with Muhammad Iqbal Khan Advocate, please contact the firm to make arrangements for a free initial consultation. Matters that the Karachi lawyers Family Law firm handles for clients involved in divorce include:

•    mediation agreements
•    pre-nuptial agreements
•    child custody / joint custody / sole custody
•    removal of a child to another state
•    parenting time / visitation
•    child support
•    modification / change of an existing decree
•    maintenance / alimony / spousal support
•    property division / fair and equitable settlements
•    division of debt
•    marital and non-marital property classification
•    legal separation
•    contested trials / uncontested divorce agreements Karachi Divorce Lawyer Iqbal to schedule your free initial consultation.