Family Litigation
Family law for NRIs combines personal law (such as the Hindu Succession Act 1956 and the Special Marriage Act 1954), procedure (BNSS 2023 for maintenance; Article 226 writs for High Court relief) and cross-border issues (foreign decree recognition). NRI family disputes — divorce, custody, maintenance and will contests — are generally governed by the parties’ personal law and domicile at the relevant time rather than their current country of residence. Most proceedings can be handled remotely, without travelling to India. — Adv. Jaspreet Singh Benipal
At NRI Legal Consultants, we have specially skilled lawyers who deal in nri divorce matters, cancellation of false FIRs which have been registered because of the pendency of maintenance matters, adoption matters, and the whole gamut of family litigation.
NRI Legal Consultants has a focused practice in Family Law and litigation affecting Non-Resident Indians (NRIs). We understand the unique legal challenges faced by NRIs due to cross-border family relationships and the procedural complexities involved in pursuing remedies within the Indian legal system. Family law in India is governed by a wide range of personal laws applicable to different religious communities, including Hindu, Muslim, Christian, and Parsi personal laws, as well as by secular statutes such as the Hindu Marriage Act, 1955, Special Marriage Act, 1954, Guardian and Wards Act, 1890, and Protection of Women from Domestic Violence Act, 2005. The firm acts in these matters across this diverse legal spectrum.
We provide end-to-end legal support to NRIs in all aspects of family litigation, including:
- Divorce Proceedings (mutual consent or contested), including those filed in India or for the enforceability of a divorce decree by a foreign court in India;
- Maintenance and Alimony Cases, including Section 125 CrPC, Section 24 and 25 of the Hindu Marriage Act, and interim relief applications;
- Child Custody and Visitation Rights, including cases involving international child abduction or Hague Convention disputes;
- Cancellation or Quashing of False FIRs, especially those arising from marital discord or ongoing maintenance claims, through Section 482 CrPC petitions before the Hon’ble High Courts;
- Protection from Domestic Violence under the DV Act, with an emphasis on safeguarding both women and men from misuse of provisions;
- Adoption Matters under the Juvenile Justice (Care and Protection of Children) Act, 2015 and Hindu Adoption and Maintenance Act, 1956;
- Inheritance and Succession Disputes, including Wills, Probate, and Letters of Administration under both personal and secular succession laws;
- Annulment of Marriage and Restitution of Conjugal Right.
Services provided by us:
We recognize the logistical and emotional difficulties NRIs face when dealing with family disputes in India. Therefore, our team is trained to handle proceedings entirely on behalf of the NRI client, eliminating the need for frequent travel to India. Through Power of Attorney, certified communication channels, and videoconferencing-enabled client interfaces, we ensure maximum legal efficiency and minimum personal disruption.
Our team includes Family Law advocates, and cross-jurisdictional advisors who routinely appear before:
At NRI Legal Consultants, we combine deep legal expertise with a client-centric approach to resolve sensitive family matters in a dignified, resolute, and legally robust manner. Our objective is not only to deliver legal remedies but also to provide peace of mind to NRIs who are unable to personally navigate the complexities of the Indian legal system due to distance or time constraints.
- Representation in Women Cell as well as NRI Commission in case of filing of a complaint against an NRI
- Representation in cases relating to Domestic Violence
- Representation in Divorce Cases in District Courts
- Filing of Declaratory Decree in case divorce has been granted by a Foreign Court
- Get your Marriage declared Null and Void
- Representation in Permanent Alimony matters
- Representation in Divorce Appeals in High Court
- Getting Maintenance for wife under Hindu law or Muslim Law
- Getting maintenance for parents or children under various provisions of Law
- Adoption of a Child under Indian Law
- Representation in Child Custody Dispute
- Getting a share of children in the property of parents
- Cancellation of Transfer deeds by parents in case NRI children fail to maintain old and infirm parents
- Family Courts,
- Magistrate and Sessions Courts,