Indians, NRIs and The Law


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About 30 million non-resident Indians (NRIs) have settled and thrived in almost 180 countries on the globe. The link and retention of their ties with their extended families in India has found expression in issues relating to immigration, nationality, marriage, divorce, forced marriages, inter-parental child removal, spousal maintenance, division of matrimonial, property, inter-country adoptions, succession and inheritance, tenancy of Indian property and last but not the least surrogacy arrangements. Foreign law practitioners are at sea attempting to resolve these problems for lack of any authentic source of information on these subjects. Applicability of foreign laws, validity of judgments pronounced overseas and verdicts of Indian Courts which need expounding are consequential issues requiring interpretation and expert opinion. Till date, no reported commentary of private international law in the exclusive Indian context provides comprehensive answers to these human problems of the Indian diaspora and the global Indian. The proposed publication is thus sought to be a universal answer for the aggrieved spouse, foreign litigant, overseas practitioner, or any lay person who simply wants to know where he stands.

The range of reading is widespread. Marriage, divorce, child custody, inter-parental child removal, adoptions, surrogacy, forced marriage, pre-nuptial agreements. Mediation, Conciliation and ADR in family law, besides the need for revamping family law for non-resident Indians dotes the family law scenario in the book. Human smuggling, illegal immigration, business immigration, nationality and citizenship issues are also looked into with some other write-ups on human rights, criminal justice system and the law of arrest with special reference to issues of concern to the NRI community. Arbitration issues and commercial arbitration proposition have also been added. Independent short pieces on stray thoughts provide general reading.

This unique reader friendly concise and crisp presentation in 35 short individual articles and 9 detailed expositions pose the problems and attempts to provide the answers. The authors with their years of expertise have attempted to project these human problems as they have experienced them professionally and resolved them to the best of their abilities. References to case law wherever necessary have been provided for the professional reader who wants an accurate and expeditious run down on Indian law on the subject of marriage, divorce, domestic violence issues, domestic and inter-country adoptions, child abduction, surrogacy, inbound and outbound immigration, business and corporate immigration issues pertaining to India, property, probate, wills and succession, nationality and citizenship issues.

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