From recent news below, it is clear that in case of marriage and residence of a couple abroad, when jurisdiction of foreign country’s courts apply in matter of family law; it is incorrect on part of an Indian court to try out a family law matter. http://www.indianexpress.com/news/lower-courts-cant-judge-child-custody-battle-for-nris-rules-high-court/588981/2 But following marital discord, Shweta came to Delhi in June 2008 with their child and decided against returning to her “abusive” husband. In Delhi, she filed a custody petition before a city court to get the child’s custody. Sunil, on the other hand, filed a child custody petition in the Superior Court of California in August 2008. A confounding situation arose when the Californian court passed an interim order, granting … [Read more...] about Foreign courts’ jurisdiction cannot be denied in family cases
NRI
NRIs may be able to pay foreign currency for RTI
According to a proposal, NRIs in future will be able to submit RTI application by paying equivalent amount in foreign currency to Indian embassy. Read the news below: http://www.ndtv.com/news/india/now_online_right_to_information_applications_for_nris.php According to the proposal mooted by the ministry, an NRI will now be able to deposit Rs 10 as RTI fee in the equivalent local currency at the Indian Mission abroad and send their application through email to the concerned public information officer informing about deposit of fee. … [Read more...] about NRIs may be able to pay foreign currency for RTI
People living in US can also file RTI’s to Indian PIOs
People living in US can also file RTI's to Indian PIO by following the belowsteps1) RTI application to the concerned PIO of the concerned department directly ,for example if it to the MHA then send it to the Home Minister PIO .2) The RTI application also needs to be accompanies by a check of 27 cents ( Rs10 ) payable to Embassy of India, Washington, DC.3) Application must be accompanied documentary proof of Indian Citizenship (likecopy of personal particulars pages of passport.)Read link below for full information:http://groups.yahoo.com/group/saveindianfamily/message/150366 … [Read more...] about People living in US can also file RTI’s to Indian PIOs
NRIs having children beware of abusive spouse
According to recent SC judgment, a precedent has been created in favour of law-abusing NRI spouses.Matrimonial 'offenders' can't be extradited: SCIt is known fact that India is not signatory to Hague convention which means child custody orders in foreign courts are not of significance in India. This means that an Indian parent who 'abducts' own child in foreign country and brings to India can't be touched by laws of adopted country. Even if she/he has foreign court orders against her/him the orders cannot be enforced or respected while in India.So all NRIs who have abusive spouse have to be very careful if they have any children. If the spouse brings children to India, she can file for custody of children in India even if the foreign courts had granted custody to other parent.And … [Read more...] about NRIs having children beware of abusive spouse
Judgments related to passport impounding
Check out the passport section here:http://www.family-harmony.org/index_files/importantjudgementspartIII.htm … [Read more...] about Judgments related to passport impounding
498A tips for UK residents and NRIs
Check out this poster about 498A as it may affect NRIs and UK residents in particular:http://vaghelasv.com/Documents/498A%20IPC%20-%20Final.doc … [Read more...] about 498A tips for UK residents and NRIs