Adoption means the process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of the adoptive parents with all the rights, privileges and responsibilities that are attached to a biological child. (As per Section 2(2) of the Juvenile Justice Act, 2015)
A child can be adopted if he/she is:
i. An orphan, abandoned or surrendered child who has been declared legally free for adoption by the Child Welfare Committee (As per the provisions of the Juvenile Justice Act 2015 and the corresponding rules)
ii. A child of a relative (a relative means the child's paternal uncle or aunt, a maternal uncle or aunt or paternal and maternal grandparents)
iii. A child or children of spouse from earlier marriage surrendered by the biological parent(s) for adoption by the step-parent. (Section 38 and 56 of the Juvenile Justice Act, 2015 and Regulation 4 of Adoption Regulations)
i. Prospective adoptive parents:- who are physically, mentally and emotionally stable, financially capable and who do not have any life threatening medical conditions are eligible to adopt.
ii. The minimum age difference between the child and Prospective Adoptive Parent(s) shall not be less than twenty-five years
i. Married couples with at least 2 years of stable marital relationship
ii. Both spouses must consent for adoption in case of a married couple
iii. The composite age of the married couple does not exceed 110 years
i. Single persons with or without biological or adoptive children can adopt provided they satisfy the following:
(a) A single female can adopt a child of any gender
(b) A single male is not eligible to adopt a girl child
(c) Age of a single parent does not exceed 55 years.
(d) Must have less than four children unless they are adopting a child with special needs, a hardto-place child, a relative’s child or a step-child.
Prospective Adoptive Parents from any religion are eligible to adopt a child in India under Juvenile Justice Act 2015.
i. The CARA Adoption Regulations 2017 does not specify minimum income levels in the eligibility criteria for prospective adoptive parents.
ii. However, while conducting the home study the social worker will assess the capability and motivation of the prospective adoptive family to provide reasonable living standards to the child.
As a non-resident Indian residing in a Non-Hague Country, you may approach the Authorized Foreign Adoption Agency which enlisted by CARA detail of the same is on official website of CARA. The Authorised Foreign Adoption Agency will help you in the registration with CARA and further adoption process.
As per the prevailing Laws, Rules and Regulations in India, you are not eligible for the same.
You can contact the Indian Diplomatic Mission in your Country who will assist you with the registration with CARA, Home Study Report and uploading of all required documents for the adoption process.
Yes, you can adopt a child from your relative which should falls under the provisions enunciated in Juvenile Justice Act.
Adoption of a child by India domicile from another Indian parents within India happens under In-Country or Domestic Adoption mainly governing under the Hindu Adoption & Maintenance Act. Whereas adoption by NRI, OCI, PIO or Foreign Citizen of a child in India either through Adoption Agency or direct Relative Adoption falls under the purview of Inter-Country Adoption Regulations. Learn more about process and requirements of Inter-Country Adoption.
You also have to fulfill the requirements in your home country for adoption of a child under Inter-Country Adoption and also comply with rules & regulations of CARA.
Consent of both prospective parents is necessary for Inter-Country Adoption. However there may be any other situation under which a single parent can adopt a child.
Since it is process involved laws of two countries under Hague Convention, CARA rules & regulations, Court case process, hence it consume length of time in completion of whole process of Inter-Country Adoption so exact length of time of whole processing cannot be ascertained.
Adoptive child cannot brought to abroad during the processing of Inter-Country adoption proceeding.
It is suggested to get advised from a expert experienced lawyer, solicitor practising of International Inter-Country Adoption matter before starting of process of adoption of a child from India under Inter-Country Adoption.
The District Registrars and Sub Registrars are Marriage Officers as per the Act. The Special Marriage Act extends to the whole of India except the state of Jammu and Kashmir and applies also to citizens of India domiciled in the territories to which; this Act extends who are outside the said territories.
Solemnization of Special Marriage
A marriage between any two persons may be solemnized under this Act provided the following conditions are satisfied. Namely: -
Notice of Intended MarriageBoth the parties to the marriage should give notice in writing in the prescribed form to the marriage officer of the district in which at least one of the parties to the marriage has been residing for a period of not less than thirty days immediately preceding the date on which such notice is given. A prescribed fee has to be paid for publication of notice. Notice will be published in the office of the Marriage Officer of the district within whose jurisdiction each of the parties to the marriage is permanently residing. The notice be presented before the marriage officers by both parties in person.
Solemnization of MarriageThe marriage can be solemnized on expiry of 30 days after clearing objections if any filed. The validity for the notice is 3 months. Before the solemnization of marriage the parties and three witnesses in the presence of the marriage officer should sign declarations in the prescribed form. The marriage can be solemnized in any form, which the parties may choose to adopt. The marriages can be solemnized either with the office of the Marriage Officer or at such other place within a reasonable distance as the parties may desire. A prescribed fee has to be paid for solemnization of marriage.
A Marriage Certificate will be issued by the Office of Registrar of Marriage to the couple.
To register under this Act, both the partners need to be Hindus as per the Hindu Marriage Act (which includes Sikh, Buddhist, and Jain. Roughly speaking, the term “Hindu” encompasses those Indians who are not Christian, Parsi, Muslim, or Jewish for the purposes of the law). The first step is to apply to the sub-registrar under whose jurisdiction the marriage took place. Alternatively, you can apply to the registrar of the place where either spouse stayed for at least six months before marriage. Both partners need to fill the relevant application form, sign it, and submit it, along with photocopies of the necessary documents, such as age proof and address proof along with Witnesses. For proof of marriage, submit a certificate from the priest who solemnised the marriage. Keep in mind that both parties will need to disclose their previous marital status, if any. All the documents should be attested by a gazetted officer. Lastly, you will have to deposit a fee with the cashier and attach the receipt with the form.
Once the application has been submitted and the documents verified, the concerned officer will assign a date for registration, when the marriage certificate will be issued.
Following documents are required for registration of a Marriage under HMA;
Yes. Since 2014, it became mandatory to register your marriage under Hindu Marriage Act or Special Marriage Act as per the legislation of Govt. of India.
A marriage between two Hindus will be solemnized if the following conditions are fulfilled.
Any marriage that are solemnized before or after the commencement of Hindu Marriage Act, will be voidable and declared invalid in the following cases.
The legitimacy of Children born from void marriage
According to Section 11, a child of any marriage is legitimate if the marriage had been valid, whether or not the marriage is null and void. If a decree of nullity is granted for a voidable marriage, any child conceived prior to the formulation of the decree will be considered as a legitimate child irrespective of the existence of the decree.
The Child Marriage Restraint Act, 1929, was amended in 1978, where the lawful age of marriage of girls was increased from 15 to 18 years and of boys from 18 to 21 years. The Indian Government enacted the Prohibition of Child Marriage Act of 2006 by replacing the earlier legislation of the Child Marriage Restraint Act, 1929, to ensure that child marriage is eradicated from within the society. In this article, we look at the Prohibition of Child Marriage Act in detail.
Authorities for Complaint of Child Marriage
Any person can report an incidence of child marriage before or after it has been solemnised. A complaint can be filed with the below following authorities.
The maintenance and the procedure are defined under various statues and their sections in India which are:
In western countries, there is a broader acceptance of a couple living together under live-in relationship. This can be understood by their civil and union agreements, legal recognition, prenuptial between couples. However, it is not similar in India. In most of the western Higher Courts, it was ruled that if a man and a woman has lived in a live-in relationship for a long term and even has children, same marital laws as a husband and a wife will be applicable on them.
Whereas in India, the Hon'ble Supreme Court of India even stated that a woman and a man living together is a choice and lies under the right to life. Hence, it is not a criminal offence. So, live-in relationships in India is legal.
Yes, marrying again during the lifetime of one's wife or husband is known as bigamy. It is a criminal offence in India, punishable with imprisonment and fine. A bigamous marriage is void, a complete nullity. If a wife has prima facie evidence that she is lawfully married to a man who is about to or has remarried with another woman, she can get register a criminal case/FIR against the husband & accomplice and the police are expected to stop him from getting remarried.
If a wife came to know that her husband is going to marry again she can alos get an injunction order from the court forbidding the marriage before it occurs. After it has taken place, a wife can ask the court for a "decree of declaration" that the second or bigamous marriage is null and void. Proving bigamy is not an easy task. Most proceedings for bigamy fail because the complainant does not have the proof of the bigamous marriage. The accused husband can usually successfully come out from the proceeding and escape from punishment.
A petition for divorce may be filed after one year of the marriage. In case of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, a petition may be allowed to be presented before one year.
Marriage may be dissolved by a decree of divorce on the following grounds:
Either spouse may apply for divorce:
Wife may also apply for Divorce on the grounds:
Yes, you can file divorce petition without coming to India. You can file Divorce petition from the place of residence of the respondent (in case if husband is petitioner or in case wife is petitioner), or at the place of marriage or the place where the couple last lived together. wife can file divorce petition wherever she resides after separation.
It depends upon the various facts in the contested divorce petitioni, so the exact time in final adjudication of contested divorce petition can be ascertained but if it is a divorce by mutual consent of the spouses, than it takes Six months from the date of filing. It is possible to get divorce before six months, recently The Honorable Supreme court has dissolved the marriage before expiry of six months.
A foreign judgement shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except:-
Foreign court granted divorce on a ground not recognized by Indian divorce law. Where the foreign court has granted divorce based on ” ‘irreconcilable difference or irretrievable breakdown of marriage or similar no fault ground’ then court in India will not recognize the foreign divorce because this is not a ground for divorce under Indian divorce law.
Therefore, people from India getting no fault divorce in abroad can find that their foreign divorce may not be recognized by court in India and still married to the other party. Even if husband/wife after obtaining such divorce decree abroad, marry again, he/she may be subjected to bigamy as per India Law.
Under the general permission available, the following categories can freely purchase immovable property in India:
No. Since general permission is not available to NRI/PIO to acquire agricultural land/ plantation property / farm house in India, such proposals will require specific approval of Reserve Bank and the proposals are considered in consultation with the Government of India.
There are no restrictions imposed by the Govt. in purchasing the number of residential/commercial properties in India.
Yes, but the foreign national would have to obtain the approvals, and fulfill the requirements if any, prescribed by other authorities, such as the concerned State Government, etc However, a foreign national resident in India who is a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal and Bhutan would require prior approval of Reserve Bank. Such requests are considered by Reserve Bank in consultation with the Government of India.
There are certain regulations, as per the Foreign Exchange Management Act, 1999, with regard to the acquisition and sale of properties by foreign entities in India. Any foreign entity that has a branch office in India is allowed to invest in immovable property here. However, this property should solely be used for carrying out business.
NRls PIOs can freely acquire immovable property by way of gift either from i) a person resident in India or ii) an NRI or iii) a PIO. However, the property can only be commercial or residential. Agricultural land/plantation property/ farm house in India cannot be acquired by way of gift. (b) A foreign national of non-Indian origin resident outside India cannot acquire any immovable property in India through gift.
NRI/ PIO can mortgage to:
(a) an authorised dealer/ housing finance institution in India- without the approval of Reserve Bank.
(b) a party abroad - with prior approval of Reserve Bank. ii) a foreign national of non-Indian origin can mortgage only with prior approval of Reserve Bank iii) a foreign company which has established a Branch Office or other place of business in accordance with FERA/FEMA regulations has general permission to mortgage the property with an authorized dealer in India.
The Indian Registration Act., contains within in, the law of registration of documents. This law mandates the registration of all properties purchased in India in order to ensure safeguarding the evidence, prevent fraud, and assure ownership. As per Section 17 of the act, all realty transactions exceeding Rs.100 must be registered. Furthermore, gifts in the form of property, and all lease agreements over 12 months must also be registered.
All documents that are supposed to be registered must be submitted to the Sub-Registrar of Assurances, depending on where the property is located. Authorised signatures of two witnesses must be present along with the signatures of the buyer and seller in order to register the property. The witnesses, along with the buyer and seller should also have proof of identity for the documentation to be accepted. This can include PAN card, Aadhaar card, Driving licence, etc.
All the documents including the receipt of stamp duty, along with the property card must be handed over to sub registrar. After verification, the sub-registrar will decide on whether or not the document can be registered.
At the time of registration, the buyer has to pay stamp duty and registration charges. While stamp duty varies from state to state, property registration typically costs as per the transaction value of property. In some states there is a flat fee for property registration.
While women buyers enjoy discounts in stamp duty across states, no rebate is provided in case of registration charges. In Delhi, for example, women buyers have to pay only 6% as stamp duty, as compared to the 8% that men have to pay for property registration. However, both of them have to pay a 1% registration charge.
The buyer and the seller along with two witnesses each, should be present at the sub-registrar’s office at the time of registration. If the buyer or the seller is an NRI and cannot be present in person, then, their legal representatives holding a power of attorney have to be present.
The sub-registrar can a property registration application on various grounds, including:
The registrations of some documents are optional. These are:
Only Lawyers admitted with the Law Society of concerned/immigrant Country, Bar Council or Immigration Practice Regulatory Authority of the concerned Country can give advise & represent the Visa & Immigration matter of the client before the Diplomatic Post/Embassy. We suggest all the applicants to ask first about accreditation for Immigration work status while consulting with anyone for Immigration work.
It is our policy to undertake work as lawyers where we are fully qualified in the relevant jurisdiction due to the fact that Lawyers have a professional obligation to act in their clients’ best interest and can be professionally disciplined for failure to do so.
Because of the complexity of immigration law it is often difficult for laypersons to determine which visa /permit might be best for their particular situation. For example, one type of status might be faster to obtain but might prevent you from bringing relatives. A lawyer can actually save you time and money by looking at your needs and ensuring your chosen immigration status is right for your situation. A lawyer can also make sure your application is as complete and thorough as possible. Incomplete applications may result in untimely delays or rejections.
There are many reasons. Here are a few.
Attorney-assistance: A Lawyer/Solicitor will handle your case, not a paralegal nor any clerk. You will not be passed off to a paralegal after you have hired us, never to hear from your lawyer again.
Yes, Mr. Wazir Singh Soni founder of NRI Law Offices is admitted as a Solicitor with the Solicitors Regulation Authority, UK which is a designated professional body called Law Society of England & Wales. Mr.Wazir Singh Soni is a dual qualified lawyer, Solicitor of England & Wales and also enrolled as an Advocate with the Bar Council of Punjab & Haryana. Other Lawyers associated with NRI Law Offices are also admitted as a Solicitor/Attorney with the Lawyers Regulatory Authorities in Canada, USA, Australia, UK, Gibraltar, Norway, Portugal, North Macdonian, Germany.
Yes, we work with local and overseas clients as we understand how difficult it is sometimes for our valued overseas clients to find a quality professional advice overseas.
As Foriegn and India Laws qualfiied lawyers, we will do our best and even go that extra mile for you. We can help you with the necessary paperwork that will be needed to ensure that your application meets the Immigration requirements.
Please expect us to do the following for you, when you instruct us to represent you or a member of your family:
We would encourage all applicants to seek professional advise from the beginning. There are many 'hidden' pitfalls in the system and the application forms, which can be avoided with the correct professional advice from the expert Immigration Lawyer.
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