If you are stuck in such a situation, here is what to do.

Mr. Rohan Mehra, a software developer from the city of Shantinagar, found himself in a dire situation. His wife, Priya, had recently left him, initiating divorce proceedings. To complicate matters, Priya, who was also a co-founder in his small startup, “InnovateNext Solutions,” was attempting to claim ownership of the company’s primary software, a project Rohan had spent years developing. Overwhelmed and unsure of his rights, Rohan considered posting his predicament on a public online forum, hoping for quick and free advice from strangers. He felt that the combination of a marital dispute and a corporate battle was too much to handle alone.

Advice in such cases

• Stay Calm and Collected: Avoid making impulsive decisions based on emotion.
• Secure Your Assets: Immediately take steps to protect your personal and business assets, especially intellectual property. Change passwords and secure access to sensitive company data.
• Document Everything: Gather all relevant documents, including marriage certificates, company incorporation papers, partnership agreements, emails, and any communication related to the dispute.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

• The Hindu Marriage Act, 1955, or The Special Marriage Act, 1954: Governs the laws related to divorce, maintenance, and division of marital property.
• The Copyright Act, 1957 & The Trade Marks Act, 1999: These acts protect intellectual property like software code and brand names.
• The Companies Act, 2013: This act outlines the rights and responsibilities of directors and shareholders in a company.
• Bharatiya Nyaya Sanhita (BNS), 2023: If there is an element of fraud, theft of data, or criminal breach of trust (Section 316 of BNS), criminal law may also apply.

If you are the complainant

• Gather Evidence: Systematically collect all proof that supports your claims regarding both the marital and business disputes.
• Send a Legal Notice: Your lawyer may advise sending a formal legal notice to the other party, outlining your claims and demanding resolution. This is often a preliminary step before filing a court case.
• File the Appropriate Case: Depending on the strategy, your lawyer will file a petition for divorce in a Family Court and/or a suit for IPR infringement in a Commercial Court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Do Not Panic: Understand that the legal system is there to protect your rights.
• Seek Immediate Counsel: The first step is to approach a lawyer who specializes in both family and corporate law, or two separate specialists.
• Preserve All Communication: Do not delete any emails, text messages, or any form of communication with the other party. These can be crucial pieces of evidence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

• Primarily a Civil Matter: The police will generally view disputes related to divorce and company ownership as civil matters and direct you to the appropriate courts.
• When Police Intervene: Police will get involved if a criminal complaint is filed. For example, if you file an FIR alleging theft of company data, criminal breach of trust under Section 316 of the BNS, or digital fraud.
• Filing a Complaint: To initiate a police investigation, you would need to file a First Information Report (FIR). If the police refuse, you can file a complaint with a senior officer or approach a Magistrate under Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

• Can I get legal advice from online forums? While forums can provide general information, they are not a substitute for professional legal advice. The information can be inaccurate, and sharing personal details online is risky.
• How are company assets divided in a divorce? It depends on the ownership structure. If the spouse is a shareholder or director, their share is determined by company law. Personal assets and company assets are legally distinct, but courts can examine the situation if marital funds were used to build the company.
• What is the first step in protecting my company’s software? The first step is to ensure you have clear documentation of ownership, including copyright registration, employment agreements with IP clauses, and founder agreements.

What evidence is required?

• For Divorce: Marriage certificate, photographs, communication records, proof of income and assets.
• For Business Dispute: Company incorporation documents, shareholder agreements, board resolutions, bank statements, copyright/trademark registration certificates, source code, project development timelines, and communication with the co-founder.

How long will the investigation take?

• Civil cases, such as divorce and IPR disputes, can be lengthy and may take several years to reach a final verdict, depending on the complexity and the court’s caseload.
• If a criminal investigation is initiated, the police are expected to complete it in a timely manner, but the subsequent court trial can also be a prolonged process.

Advocate Sudhir Rao, Supreme Court of India