FAMILY LAWS AND CHILD WELFARE
GM Legal regularly advises on various issues arising under the personal laws in India and its interaction with the conflict of laws principles, including all family and matrimonial laws. GM Legal has acted on matrimonial disputes such as divorce, restitution of conjugal rights and maintenance as well as on cases pertaining to the appointment of a guardian, custody of children and international child abduction cases.
GM Legal has particular experience and expertise in dealing with cases involving the conflict of personal and religious laws, including domicility and residence, especially in the international context.
GM Legal continues to advise and represent on legal issues in the following areas:
– Applications before the Family Courts under the Hindu Marriage Act, 1955 (Divorce, Judicial Separation, Restitution of Conjugal Rights, Maintenance and Disposal of Property)
– Registration of Marriages for Foreign Nationals under the Special Marriage Act, 1954
– Application of Muslim Personal Laws in India and abroad
– Enforcement Proceedings in Indian Courts for Foreign Divorce Decrees and Financial Remedy Orders
– Applications under the Protection of Women from Domestic Violence Act, 2005
– Advise on the Applicable Laws and Execution of Agreements in cases concerning Civil Partnerships, Cohabitation and Legitimacy of Children
– Petitions invoking the Writ Jurisdiction of the High Court for habeas corpus (Child Custody and Child Abduction)
– Applications before the Child Welfare Committee under the Juvenile Justice (Care and Protection of Children) Act, 2015 (Child Custody and Child Welfare)
– Applications before the Family Courts under the Hindu Minority and Guardianship Act, 1956 and Guardians and Wards Act, 1890 (Appointment of a Guardian and Child Custody)
– Expert Opinions on the Applicability of Indian Personal Laws to Minor Foreign Nationals under Child Care Proceedings in the U.K.
– Advice and Opinions on Inheritance and Succession under Indian Personal Laws including the Indian Succession Act, 1925 and Hindu Succession Act, 1956 (Hindus and Christians)
– Applications for Probate and Letters of Administration under the Indian Succession Act, 1925