Indian Private International Law

Stellina Jolly is Senior Assistant Professor at the Faculty of Legal Studies, South Asian University, Delhi, India. Saloni Khanderia is Professor of Law at the Jindal Global Law School, Sonipat, India and Alexander von Humboldt Fellow at Ludwig Maximilian University, Munich, Germany.

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 Domicile under Indian Private International Law Rules
V. Conclusion
4. Proving, Pleading, and Excluding the Foreign Laws
I. Introduction
II. Substantive and Procedural Law
III. Pleading Foreign Law
IV. Exclusion of Foreign Law
V. Overriding Mandatory Norms and Public Policy (Ordre Public)
VI. Conclusion

PART II
JURISDICTION
5. Jurisdiction: Which Court will Adjudicate a 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 5

PART III
FAMILY LAW
6. Private International Law Practice in Marriage
I. Introduction
II. Indian Legislative Framework on Marriage and its 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. Jurisprudence on the Well-Being of the Child: An Interplay of Public and Private International Law
III. Indian Legal Framework Relating to Intercountry Child Abduction
IV. Recognition of Foreign Custody Orders
V. Conclusion
9. Cross-Border Surrogacy and Private International Law
I. Introduction
II. Private International Law Issues in Cross Border Surrogacy
III. Legal Status of Commercial Surrogacy in India
IV. Judicial Statements on Surrogacy: Public Policy Narratives
V. Legal Initiatives for Harmonisation and India’s Role
VI. Conclusion

PART IV
LAW OF OBLIGATIONS
10. The Applicable Law in Contractual Obligations
I. Introduction
II. Identification of the Applicable Law in Contractual Obligations in India
III. 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 in Non-Contractual Obligations
I. Introduction
II. Identification of 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 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. Disqualification of a Foreign Arbitral Award from Recognition or Enforcement in India
V. Conclusion

PART VI
FINAL REMARKS
14. Looking Forward