Over the two decades I’ve spent navigating the complexities of child custody, I’ve seen a significant shift in the landscape. Now more than ever, cross-border disputes particularly those involving the painful reality of wrongful removal or retention are being fought in our High Courts.
Executive Summary: High-profile individuals – from social media influencers and film stars to NRI business leaders – increasingly find family law disputes playing out in public. Recent landmark cases illustrate the unique legal and commercial risks they face. Courts are scrutinizing issues like maintenance, divorce formalities, jurisdiction of foreign decrees, misuse of criminal provisions (e.g. 498A IPC), and privacy of marital communications.
Executive Summary: India’s marriage laws guarantee maintenance and fair support for spouses (e.g. Section 125 CrPC, HMA S.24/25), which courts treat as statutory rights that cannot be bargained away. Yet high-net-worth (HNW) couples often pursue private, confidential resolutions to avoid publicity and protect assets – using mediation, private settlements (with NDAs), family trusts, and offshore structures.
With increasing global mobility, matrimonial disputes frequently span jurisdictions. NRIs, OCI card holders, expatriates, and foreign nationals often face proceedings in India while simultaneously navigating foreign legal systems.
A consistent pattern observed in such disputes is the strategic use of litigation as leverage—through forum shopping, multiplicity of proceedings, and coercive financial demands.
When a marriage breaks down and spouses are living in different countries, the divorce process becomes legally complex, emotionally draining, and procedurally confusing. Questions of jurisdiction, applicable law, service of notice abroad, child custody across borders, and enforcement of foreign orders in India arise immediately.
This guide explains how divorce works when couples are separated across countries, especially for NRIs, OCIs, expats, and foreign nationals connected to India.
In India, maintenance is a fundamental right for eligible spouses and children. When the cost-of-living rises, or a dependent’s needs change materially, the law allows a party to seek an enhancement of an existing maintenance order. This blog post explains how to file for enhancement of maintenance in Bangalore, the legal provisions involved, key case laws, and practical tips for success.
The recent petitions before the Supreme Court challenging Talaq-e-Hasan mark yet another pivotal moment in India’s ongoing effort to reconcile personal laws with constitutional principles of equality, dignity, and gender justice.
Divorce is always emotional. For high-net-worth individuals it’s also financially complex: multiple companies, trusts, shareholdings, offshore accounts, family offices, intellectual property, and investment portfolios can be at stake. India does not follow a “50:50 community property” model; outcomes depend on personal law, judicial discretion (maintenance and property orders), documentary proof of ownership, and whether assets are shown to be marital or separate.
Narcissistic abuse is one of the most invisible yet devastating forms of emotional cruelty many spouses silently endure. Unlike physical violence, it leaves no bruises — but it erodes confidence, peace, and identity over time.
In family law, the terms “maintenance” and “alimony” are often used interchangeably, yet they embody distinct legal concepts and principles that govern financial support after marital separation or divorce. Understanding the differences between these terms is crucial for anyone navigating the complexities of family law.
