Navigating Legal Services: Law Firms in Kolkata

In cases where the parent is living outside the boundaries of India, disputes related to child support payments become complicated from a legal perspective. Parents often ask whether Indian courts can issue child maintenance orders against an NRI living abroad. Indian courts can issue child maintenance orders against a Non-Resident Indian, provided that the courts have established jurisdiction. An Indian lawyer dealing with international family disputes often explains that living abroad does not exempt parents from their responsibilities. Legal Basis for Ordering Child Support   In India, courts can grant child maintenance based on the following applicable statutes: ●        Section 125 of the Code of Criminal Procedure ●        Hindu Marriage Act, 1955 ●        Hindu Adoption and Maintenance Act, 1956 ●        Guardians and Wards Act, 1890 ● ...

Divorce is never a very easy process for either of the partners. When both partners are residing in different countries, the matter gets even more complex, especially if children are also involved in the matter. When it comes to divorce between NRIs, the issue of child custody and visiting rights gets converted into the most delicate matter. Here is an insight into the NRI's custody of children and their right to visit in cases of NRI divorces in Indian Law.   Comprehending Joint Custody in NRI Divorce Cases In Indian law, in matters involving child custody, the Welfare of the Child is paramount above all else. This means that a woman or a man cannot automatically secure custody based on gender automatically over another parent. This applies in custody disputes between a woman and a man in India. In an NRI situation, child custody battles may ensue when one parent is located in a foreign country and the other in India. In such cases, the following are common child custody...

International mobility has brought about a transformation in the way people get married and sometimes even divorced. In the current age, it has become a usual practice for a person to get married abroad and then settle down in a different country. The issue that emerges when a divorce decree is obtained from a foreign land is whether such a decree needs to be recognised and enforced in the Indian jurisdiction. It is also significant to comprehend how Indian Courts regard the decree of divorce passed by foreign countries to prevent individuals from landing up with serious legal problems in the future. Legal Regime for Foreign Divorce Decrees Indian courts use the Code of Civil Procedure, 1908, and largely the provisions under section 13 for adjudicating the recognisability of foreign judgments in the country. A foreign divorce decree is deemed valid in India only if it meets certain legal formalities. This applies regardless of whether it is a family court, civil court, or other c...

Contracts and agreements regulate the way people or businesses interact with each other. One little mistake in a contract might just form the basis of a much larger lawsuit down the line. Often, lawsuits occur not as a result of someone trying to do something wrong to another, but due to a lack of understanding and clarity in a contract or agreement. This article will break down common errors in a contract and help you comprehend the purpose behind lawsuits related to them better. ​ Vague and Ambiguous Terms Contracts have to clearly define the rights and responsibilities of all parties involved. If words are not specific, then each party understands the terms differently. This can be the cause of disagreements later on. Clear language, on the other hand, shows what is expected from each party. It also eliminates potential disputes when the actual implementation takes place. ​ Common problems include the following: ●        Technical or legal t...

A separation becomes difficult when a couple has a child. They fear that their divorce can cause a loss of communication with their child. For this reason, visitation rights are crucial. Using this right, a visiting parent can visit and spend time with their child and even go out on an overnight vacation. People who have a child and want to terminate their marriage must learn about a parent's visiting rights to avoid any complications in future.  What Are Visitation Rights? A parent who does not live with his/her child has the legal right to meet the child. This is called visitation rights. Visitation rights are a part of the Child Custody Law in India . The objective is very simple: it is to protect the child’s emotional well-being. A visitation schedule does not confer custody. It only deals with the timing and manner of access allowed to the parent.   Who Receives Visitation Rights? The parent with whom the child does not live every day gets the visitation right...