Right of a woman to reside in her In-Laws home after filing a domestic violence case
For a woman, facing domestic violence can be particularly challenging, especially when questions arise about her right to continue living in the matrimonial or shared household in India. Domestic violence is not limited to physical abuse, it may also include emotional abuse as well as acts that threaten or restrict a woman’s access to […]
Execution of Foreign Judgments in India
Indian law does not permit the direct application of foreign judgment merely because it has been validly passed by a foreign court. Before an enforcement proceeding can commence, the judgment must satisfy the legal requirements prescribed under the Code of Civil Procedure, 1908 (CPC). The procedure for initiating proceedings depends upon several factors, including the […]
Legal Rights of NRIs Under Arrest in India
Indian law provides several safeguards to protect every citizen from arbitrary or illegal arrest. These protections apply equally to NRIs/OCIs. Even foreign nationals arrested in India are also entitled to several legal protections under Indian law and international convention. If an FIR has been registered against an NRI and the investigation agency believes that […]
Registration of Foreign Divorce Decree in India: Law, Procedure and Judicial Approach for NRIs
With the increase in cross-border marriages involving non-resident Indians (NRIs), disputes related to foreign divorce decrees have become frequent before Indian courts. Many spouses obtain a divorce from foreign courts, assuming that the decree will automatically be valid in India. However, under Indian law, a foreign divorce decree must satisfy legal requirements before it can […]
How can an NRI get a divorce in India while sitting abroad?
How can an NRI get a divorce in India while sitting abroad? In today’s global world there are many Indian marriages that involve spouses who are living abroad. Sometimes the relationships do not work due to long distance or some other reasons and an NRI woman/man may want to consider getting a divorce from their […]