Practitioner's Guide to International Family Law an Indian Perspective

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Description
The relevance of mythology to family law lies in its enduring reflection of human relationships, obligations, and the dilemmas of balancing personal desires with societal or familial duties. Mythological stories, across various cultures, have historically explored the complexities of marriage, inheritance, abandonment, and the consequences of familial obligations. These themes resonate with contemporary international family law, where individuals often navigate cross-border legal challenges rooted in their familial roles. By examining mythology, we gain a broader understanding of how ancient narratives mirror the timeless issues that modern legal systems attempt to address.
Beginning this book with an exploration of mythology is particularly fitting, as it underscores the universality of family-related legal struggles throughout human history. The myths discussed here offer insight into core legal principles that transcend into time and geography. They provide a cultural and philosophical foundation for understanding how personal and familial relationships have long been entangled with legal duties, inheritance rights, and societal obligations. By starting with mythology, the book effectively sets up the stage for a deeper exploration of how international family law, particularly from an Indian perspective, navigates similar challenges today.
Digging deeper, one observes, mythology has long been a mirror to society's most fundamental concerns, offering timeless stories that resonate with the human conditions. Across different cultures and epochs, myths reflect the complexities of relationships, obligations, and the dilemmas faced by individuals when personal desires clash with societal or familial responsibilities. In particular, the ancient narratives about marriage, abandonment, death, and inheritance serve as a rich foundation for exploring the themes central to modern international family law. These stories often involve the crossing of borders-be they literal, emotional, or symbolic-and illustrate the challenges posed when individuals are bound by commitments to family, duty, or State.
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Table of Contents
UNIT 1. Marriage, Divorce, and Ancillary Reliefs
1. Hindu Family Law - Marriage and Divorce of Indians
2. Domestic Violence and Matrimonial Cruelty in India
UNIT 2. Issues Related to Children: Welfare, Removal, Guardianship, and Adoption
1. International Child Welfare Legislations and Disabled Persons
2. Child Removal and The Law - A General Overview
3. Guardianship Issues in India
4. Inter-Country Adoptions to and from India
UNIT 3. Maintenance, Alimony, and Family Settlements
1. General Issues Arising in Maintenance and Support
2. Perspectives in Award of Maintenance, Alimony, and Division of Asset
3. Family Arrangements and Settlements in India
UNIT 4. Citizenship, Passport, and Nationality Laws
1. Citizenship and Nationality Laws in India.
2. Foreign Nationality, Overseas Citizenship of India, and Work Visas in India.
3. Indian Visas to Married Spouse/Unmarried Partner and Children/Stepchildren of Foreign National/Overseas Citizens of India and Indian Citizenship for Stateless Persons
UNIT 5. Laws Applicable in Goa, Dadra & Nagar Haveli and Daman & Diu
1. Laws Applicable in The Indian State of Goa and Union Territories of Dadra & Nagar Haveli and Daman & Diu..
UNIT 6. Laws Applicable for Muslims in India
1. Position of Muslim Laws in India
UNIT 7. Indian Laws of Domicile, Wills, and Succession
1. Permanent Domicile in India of a Person Resident Abroad in Matters of Marriage, Divorce, Succession, and Inheritance
2. Personal Succession Law of Persons Professing Hindu Religion
3. The Law of Wills and Succession in India
UNIT 8. Remedies for Foreign Nationals
1. Challenge to Matrimonial Jurisdiction in India upon Parallel Divorce Proceedings Abroad
2. Enforcement of Foreign Court Judgments and Orders in Civil and Matrimonial Matters in India
3. Legal Position with Regard to Enforcement of Marital Agreements in The Indian Context
4. Validity of Foreign Court Orders in India
5. Validity of Service of Foreign Summons in The Indian Jurisdiction
UNIT 9. Surrogacy in India: Status Quo
1. Surrogacy in India: Status Quo
fterword-by Prof. Emeritus Dr. Upendra Baxi.
subject Index
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Author Details
Anil Malhotra is a practising Advocate with over 40 years of experience with expertise on implementation, interpretation, and application of. Foreign Court Orders regarding divorce decrees, child abduction, custody, maintenance, adoption, surrogacy and family related issues of Non-resident Indians (NRIs). Anil has co-authored several books on the subjects Acting for Non-resident Indian Clients (2005); India, NRIs and the Law (2009); Indians, NRIs and the Law (2011); Surrogacy in India: A law in the Making (2013); International Indians and the Law (2014); Surrogacy in India - A law in the Making: Revisited (2015), India, Inter Country Parental Child Removal and the Law (2016); The Removed Child and The Law in India (2018) and The Global Indians & the Law (2020). He is a regular speaker at international and domestic conferences and has over 500 newspaper columns to his credit besides contributing articles in reputed Family Law Journals. He is a Member of the International Academy of Family Lawyers since 2007 and its Child Relocation Committee. He completed B.Sc. (1980) and LL.B (Professional) (1983) degrees from Panjab University & an LLM degree from the University of London in 1985. He studied Comparative Family Law at LSE besides Law & Society at SOAS, University of London.
Ankit Malhotra read his B.A. and LL.B from O.P. Jindal Global University.He was awarded, from 2017-2022, Best Student Researcher, Rank 1 for Outstanding Contribution to Academic Initiatives, Outstanding All-Round and Certificate for Outstanding Leadership. In 2022-2023, as the Felix Performance and a Gold Medal in Recognition of Outstanding Performance Scholar, he read his LLM in International Law at the School of Oriental and African Studies, University of London. Mr. Malhotra has worked in the Chambers of Justice A.K. Sikri and since then has assisted in rendering expert reports and assistance in cases to domestic and foreign courts on recognition of foreign orders, international abduction, and the nuances of Private and Public International Family Law issues from an Indian perspective. He has Presented Papers, inter alia, at the Universities and Faculties of Law in and of Aix-en-Provence, Cambridge, London, Oslo, Oxford, Singapore, Max Planck Institute for Comparative Public Law and International Law and the Max Planck Institute for Comparative and International Private Law. Mr. Malhotra's co-edited book, "Re-Imagining the International Legal Order" was launched on the 12th day of June 2023
in the Atlee Room, House of Lords.