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When Can an NRI Parent Seek Relief From Child Support Obligations?

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Indian law is rigid in the enforcement of child support. However, the law is flexible in the enforcement of child support. For example, an NRI parent pays support to the child, but the parent can request for modification of child support, or request for temporary child support relief, but only after the parent complies with child support modification or temporary child support relief request.    Recognised Legal Grounds for Relief   Modification of child support may be considered for the following reasons: ●        loss of employment by the parent ●        the parent becomes seriously ill or disabled ●        the child is awarded to a different parent ●        the child becomes financially self-sufficient ●        the child is emancipated (turns 18)     To support these reasons, a parent must ...

Workplace Harassment Act Explained for Employees and Employers

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Sexual Harassment impacts the safety, productivity, and mental health of employees. Thus, in a bid to combat such abuse, India instituted the POSH Act, or the Workplace Harassment Act , as it is commonly known. The Act offers employees protection and sets a range of responsibilities for employers. Knowledge of this law helps avoid disputes and promotes the creation of respectful workplace environments that are respectful.   An Overview of the Workplace Harassment Act The Workplace Harassment Act (POSH Act) assist in avoiding and addressing sexual harassment in workplaces. The Act covers: ●       Government as well as Private Entities ●       Offices, factories, shops, and other establishments ●       Both health facilities and Educational Institutions ●       Virtual and Hybrid Work The Act's provisions are relevant to men and women. But the POSH Act (Protection of ...

Misrepresentation vs Fraud: Key Legal Differences

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Trust and confidence in both accurate information and truthful behaviour are fundamental when two parties contract with one another. If one side provides the other with false information, the contract may become void. These instances in contract law of India are categorised as misrepresentation and fraud. Although they sound alike, the law segregates them. Knowing these distinctions helps you better assess your claims and remedies.   What Does Misrepresentation Mean?   Misrepresentation refers to the act of providing a false statement, the consequence of which will lead the other party to enter into a contract. In these situations, one does not have to mean to deceive the other parties.   Under the contract law , misrepresentation means that the false statement made must be:   ●        Material in nature, meaning that it pertains to an important fact. ●        Impact the parties to the con...

Can Indian Courts Order Child Support Against an NRI Living Abroad?

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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 ● ...

Custody and Visitation Rights in NRI Divorce Cases

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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...