Indian Private International Law (Hardcover)

Acknowledgements List of Abbreviations Table of Cases Table of Conventions Preface Part I: General Principles 1. Introduction 2. Basic Concepts and Status of Private International Law in India I. Introduction II. Overview of Indian Legal Framework III. Conceptual Foundations of Private International Law IV. Genesis of Private International Law in India V. Operationalisation of Private International Law; Classic Concepts VI. Conclusion 3. Domicile, Nationality and Residence I. Introduction II. Domicile III. Nationality and Residence IV. Ascertaining the 'Domicile' under the Indian Private International Law Rules V. Conclusion 4. Proving, Pleading, and Excluding the Foreign Laws I. Introduction II. Substantive and Procedural Laws III. Pleading Foreign Law IV. Exclusion of Foreign Law V. The Overriding Mandatory Norms and the Public Policy (Ordre Public) of India VI. Conclusion Part II: Jurisdiction 5. Jurisdiction: Which Court will Adjudicate the Matter? I. Introduction II. Persons who may file a suit before an Indian Court III. Jurisdiction in personam IV. Jurisdiction in Actions in rem V. Reflections on Indian Law: Some Insights Based on Global Trends VI. Conclusion Part III: Family Law 6. Private International Practice in Marriage I. Introduction II. Indian Legislative Frame Work on Marriage and Religious Base III. Same-Sex Marriage: Legal Analysis of Private International Law Principles IV. Hague Conference on Private International Law and Matrimonial Conventions V. Conclusion 7. Private International Practice in Divorce and Related Matters I. Introduction II. Conflict of Laws Issues in Divorce III. Recognition of Foreign Divorce in India IV. Ancillary Financial Orders and Nullity of Marriage V. Annulment and Nullity of Marriages VI. Conclusion 8. Private International Law Practice and Children: Issues of Custody and Abduction I. Introduction II. Child Jurisprudence: Interplay of Public and Private International Law III. Indian Legal Framework Relating to Inter-country Child Abduction IV. Recognition of Foreign Custody Order V. Conclusion 9. Cross Border Surrogacy and Private International Law I. Introduction II. Surrogacy and Private International Law Issues III. Legal Status of Commercial Surrogacy in India IV. Judicial Opinion on Cross-Border Surrogacy IV. Legal Initiatives for Harmonisation by HCCH and India's Role V. Conclusion Part IV: Law of Obligations 10. The Applicable Law and Contractual Obligations I. Introduction II. The Identification of the Applicable Law in Contractual Obligations in India III. The Scope of the Proper Law of the Contract IV. Reflections on Indian law: Some Insights based on Global Trends V. Conclusion 11. The Applicable Law and Non-Contractual Obligations I. Introduction II. The Identification of the Applicable Law in Non-Contractual Obligations in India III. Reflections on Indian Law: Some Insights Based on Global Trends IV. Conclusion Part V: Recognition and Enforcement 12. The Recognition and Enforcement of Foreign Judgments I. Introduction II. The Recognition and Enforcement of Foreign Judgments III. Determining the Eligibility of a Foreign Judgment IV. The Disqualification of a Foreign Judgment from Recognition or Enforcement V. Reflections on Indian law: Some Insights based on Global Trends VI. Conclusion 13. The Recognition and Enforcement of Foreign Arbitral Awards I. Introduction II. The Law on the Recognition and Enforcement of Foreign Arbitral Awards III. The Execution of Foreign Arbitral Awards in India IV. The Disqualification of a Foreign Arbitral Award from Recognition or Enforcement in India V. Conclusion Part VI: Final Remarks 14. Conclusion Bibliography Appendix