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Report No. 219

II The Search for Solution in Law

2.1 Solicitors and litigants overseas worldwide frantically look for professional opinions and advice when the problems come to the Indian resident abroad. Instances of conditions of validity of marriages solemnized in India, modes and means of divorce under Indian law, legal formalities to be complied with for adopting children from India, remedies available in Indian law for enforcing parental rights in child abduction and other family law issues relating to non-resident Indians abound.

Likewise, there are a plethora of problems in matters concerning succession and transfer of property, banking affairs, taxation issues, execution and implementation of wills and other commercial propositions for non-resident Indians. However, application of multiple laws, their judicial interpretation & other legalities often leave the problems unresolved even though remedies partially exist in Indian law and partly need new urgent legislation.

2.2 The number of non-resident Indians (NRI) has multiplied in every jurisdiction abroad. However, family, property, kith and kin or the love for the motherland keeps bringing the NRI back on Indian soil in body or in soul. With this return the NRI seeks a remedy for his legal problem connected with his temporary or permanent return to India. This invariably makes the NRI import the foreign law of the overseas jurisdiction from where he has migrated.

Such a situation is created because either Indian law provides him no remedy or because he finds it easier and quicker to import a foreign court judgment to India on the basis of alien law which has no parallel in the Indian jurisdiction. This clash of jurisdictional law is commonly called Conflict of Laws in the realm of Private International Law which is not yet a developed jurisprudence in the Indian territory.



Need for Family Law Legislations for Non-Resident Indians Back




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