This comprehensive guide offers a detailed and practical insight into the evolving landscape of international family law from an Indian perspective. Authored by legal experts Anil Malhotra and Ankit Malhotra, the book provides in-depth coverage of issues such as:
Cross-border marriages and divorces
Conflict of laws and jurisdictional challenges
International child abduction and custody disputes
Recognition and enforcement of foreign family law judgments in India
Surrogacy, adoption, and inter-country parental rights
With extensive references to case law, statutory provisions, and international conventions like the Hague Conventions, the book serves as an essential resource for legal practitioners, judges, academicians, and policy makers handling international family law matters.
The guide not only explains the legal framework but also provides strategic insights, forms, and best practices to navigate complex family disputes involving cross-border elements.
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The book is structured into several units, each focusing on specific aspects of international family law:
Permanent domicile in India for persons residing abroad concerning marriage, divorce, succession, and inheritance.
Personal succession laws for individuals professing the Hindu religion.
The law of wills and succession in India.
Challenges to matrimonial jurisdiction in India amidst parallel divorce proceedings abroad.
Enforcement of foreign court judgments and orders in civil and matrimonial matters within India.
Legal stance on the enforcement of marital agreements in the Indian context.
Validity and recognition of foreign court orders and the service of foreign summons in India.
An in-depth analysis of the current legal status and challenges surrounding surrogacy in India.
The book also includes an afterword by Professor Emeritus Dr. Upendra Baxi, providing additional insights into the subject matter.
Comprehensive Coverage: Addresses cross-border issues such as marriage, divorce, child custody, maintenance, adoption, and enforcement of foreign judgments.
Interplay of Laws: Explores the interaction between Indian personal laws (Hindu, Muslim, Christian, Parsi) and international legal instruments, including the Hague Conventions.
Practical Guidance: Offers strategic insights, procedural guidance, and best practices for handling complex family disputes with cross-border elements.
Comparative Analysis: Provides a comparative study of legal systems to equip readers with tools to address globalized family disputes effectively.
Focus on NRIs: Special emphasis on issues faced by NRIs, expatriates, and cross-border families, offering clarity on topics such as habitual residence, domicile, and enforcement of maintenance and custody orders abroad.
| Anil Malhotra Ankit Malhotra Practitioners Guide to International Family Law |
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