An Indian Citizen who stays abroad for employment/carrying on business or vocation outside India or stays abroad under circumstances indicating an intention for an uncertain duration of stay abroad is a non-resident

(Person Posted in U.N organizations and official deputed abroad by Central/State Governments and Public Sector undertakings on temporary assignments are also treated as non-temporary assignments are also treated as non-residents).

Non-resident foreign citizens of Indian Origin are treated on par with non resident Indian citizen (NRI’s).

21 for males and 18 for females; penal sanctions for contracting under-age marriages, though such unions remain valid.

In India, a religious marriage ritual is considered a legal marriage is sacrosanct however registration of marriage with the registrar of marriages is now a legal requirement in India. Moreover, for immigration and visa purposes a formal marriage certificate from the Registrar of Marriages is required along with the religious marriage certificate. There are dissimilar rules and set of laws for different religions. For example there are Hindu Marriage Act, Christian Marriage Act, Muslim Marriage Act, and Divorce Act.

Governed by classical law, however Indian Criminal Procedure Code provides that a woman refusing to live with her husband on just grounds is still entitled to maintenance, and just grounds expressly include the husband?s contracting of a polygamous marriage; in Itwari v. Asghari (AIR 1960 All 684) onus was put on husband to prove that his subsequent marriage did not constitute insult or cruelty to first wife, and court shouldn?t enforce restitution of conjugal rights under such circumstances.

Grounds on which women may seek divorce include: desertion for four years, failure to maintain for two years, husband’s imprisonment for seven years, husband’s failure to perform marital obligations for three years, husband’s continued impotence from the time of the marriage, husband’s insanity for two years or his serious illness, wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before age of 15 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated), husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and any other ground recognised as valid for the dissolution of marriage under Muslim law.

General rule is that divorce is entitled to custody of children until age of 7 for males (classical Hanafi position) and puberty for females, subject to classical conditions, though there is some flexibility as wards best interests are considered paramount under terms of Guardians and Wards Act 1890.

Governed by classical law although customary law may predominate under certain circumstances.

According to 2005 ruling by the Supreme Court of India, NRI landlord could ask his tenant to vacate the premises even though he did not intend to use it directly for himself and resides permanently in another country.

The Court said to eject a tenant, an NRI landlord was required to prove his NRI status and the fact that he had made the claim for the premises for his use or for the use of any dependent ordinarily living with him.

Chess conducts various litigation in various courts in India and many other parts of India pertaining to, civil matters, criminal, IP and corporate matters. It has a team of eminent Lawyers who have the capability to conduct complex and huge litigation matter in India.

Chess is specialist property law firm dealing with all types of property disputes, transactions, including residential and commercial sales and purchases, Right to buy, shared ownership, transfer of Equity, leases extensions, enfranchisement.

Chess handles recovery suits, property related matters, stay and injunction, family disputes, will etc.

Chess handles criminal writs and other writs for quashing of FIR, bail matters, matter relating to crime against women ,private complaints to Magistrates for cheating ,fraud, breach of trust, defamation etc.

The company act of 1956 enforces corporate governance with accountability of companies and their offices.

Chess handles, company law board, winding up petition, bankruptcy proceedings, shareholders dispute, mergers petition and approval etc