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Visitation Rights of NRI Parents in India

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When one parent is an NRI (Non-Resident Indian), it becomes emotionally and legally complicated for them to keep a positive bond with their child. Indian Law states that one of the child’s parent’s rights is to be loved and cared for by both parents, even if one is living abroad. When an Indian attorney is handling cross-border family disputes, he will emphasise that just because one parent is overseas, that will not lessen their right to visitation. Indian law dictates that with respect to visitation, the determining factor is the child’s best interests, not the parents. While the distance may modify the nature of the visits that can be arranged, it does not eliminate the right to access the child.   Legal Basis for Visitation Rights   In India, various personal and statutory laws govern visitation rights, such as:   ●        The Guardians and Wards Act, 1890 ●        The Hindu Minority and Guardia...
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Legal Remedies for Financial Loss Due to Online Fraud

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The more digital banking and shopping options become available, the more online fraud plagues the Indian marketplace. Online Banking Fraud, as it is known, can lose customers’ money as a result of phishing, identity theft, fraudulent purchases and investments, and unauthorised UPI and card transactions. Indian cyber fraud law provides Online Banking Fraud victims with a variety of legal remedies, including a criminal remedy, a regulatory remedy, and a civil remedy. Cyber lawyers help the victims understand the legal justice system and the remedies available. Understanding Online Financial Fraud Online financial fraud is any deliberate act to defraud an individual through digital means, resulting in financial loss. The following are common forms of online financial fraud: ●        Social engineering via messages or emails ●        Bank phishing or e-banking fraud schemes or apps ●        ...
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Location: Esplanade Mansion, Marx Engels Beethi Rd, Chowringhee North, Bow Barracks, Kolkata, West Bengal 700069, India
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Passport and Travel Consent Issues in NRI Child Custody Cases

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Issues related to travel consent and passports do arise in child custody disputes with Non-Resident Indian (NRI) parents, and are critical within the context of the disputes. The mobility, security, and residence of the child are the components of the Indian judiciary`s concern. In child custody disputes, Indian lawyers take care to describe the sensitivity of the concerns. Cross-border child custody disputes and the direction of the child custody issue continue to raise child abduction and travel jurisdiction concerns.   Laws Related to Child Travel and Passport   In India, there are several pieces of legislation that govern child custody and travel permission, which include: ●        The 1890 Guardians and Wards Act ●        The 1956 Hindu Minority and Guardianship Act ●        The 1967 Passport Act ●        The 1984 Family Courts Act ...
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Location: Action Area III, Chotto Chandpur, Newtown, New Town, West Bengal, India
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How to Form an ICC as Per Workplace Harassment Law

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Sexual harassment at the workplace is not only a social problem but a legal one also. The women harassment law in India mandates that every qualifying organisation must have an Internal Complaints Committee (ICC). This is also one of the primary requirements of the POSH Compliance, along with the POSH Act in India . If your organisation has not implemented an ICC yet, you are already susceptible to penalties. More importantly, you are not creating a safe workplace. So, let us understand how to properly implement an ICC.   ICC’s Role in the POSH Act   An Internal Complaints Committee (ICC) is a committee that is set up in an organisation to handle complaints of sexual harassment at the workplace.   According to the POSH Act in India, an ICC is compulsory for:   ●        Every workplace that has 10 or more employees ●        It is required in both the private and public sectors. This include...
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Location: Action Area III, Chotto Chandpur, Newtown, New Town, West Bengal, India
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