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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...

Risks of Buying Inherited Property in India as an NRI

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For some Non-Resident Indians (NRIs), buying inherited property in India may feel like buying a secure and emotional investment. Such properties are usually family-owned and believed to be legally safe. However, there are potential legal problems with inherited property that are quite different from buying property from a builder or individual seller. An Indian lawyer dealing with property disputes will often say that the majority of such litigation stems from disputes over unclear rights to inheritance and defective title. It is important to be aware of legal problems that may arise before a transaction is made on the property.   What Is Inherited Property Under Indian Law?   Inherited property is the property received through succession by either of the following:   ●        By testamentary succession (through a valid Will), or ●        By intestate succession (without a Will, as governed by per...

Challenges Faced by Women Married to NRIs

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For many, marrying an NRI is considered a milestone since it promises an easier life, global freedom, and financial security. However, women soon realise that these international marriages can have a lot of emotional and legal complications when issues arise. Because the countries are different, the legal systems involved also change, and enforcing court orders can be very complicated. NRI marriage disputes are a lot more difficult than typical matrimonial disputes. NRI marriages litigations involve complicated international jurisdictional issues and domestic family laws, which are often pointed out by Indian lawyer firms . The Legalities of NRI Marriages The Indian judiciary has no exclusive category for NRI marriages, and instead, the disputes are dealt with under the existing family and criminal laws, relevant to the context, which are: ●       The Hindu Marriage Act of 1955 ●       The Prohibition of Domestic Violence Act, 20...

Legal Remedies for Abandoned NRI Spouses in India

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The unions involving NRIs begin with hopes and distant relationships. Sadly, most of the wives find themselves being abandoned after the marriage. The NRI husband might relocate back abroad and refuse any contact or sue for divorce in a court outside India. For the abandoned wife in India, the emotional and economic trauma is enormous. The best part is that the Hindu law is strong enough to provide effective relief to the abandoned NRI wives. Here is a detailed overview of the available choices.   What Constitutes Abandonment in NRI Marriages Abandonment, as a rule, is the act of deserting either of the spouses either from India or withholding the relationship, which is not justified. Common situations include: ●        The NRI spouse leaving immediately after marriage and not being seen again ●        Ceasing all funding ●        R efusing [1]   [2]   to sponsor a vis...

Can Fathers Get Child Custody in India?

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Many people have the misconception that only mothers get custody rights for their children in India. In reality, this is not always the case. Custody rights can be granted to fathers as well, and it is perfectly legal if it is what is best for the child, as Indian courts do not give importance to either gender when it comes to granting custody rights. What Does The Child Custody Law in India Say? In the child custody law in India , the courts give the custody of the child to the parent who would be beneficial for the child. The law does not give preference to the mother over the father or vice versa. In the eyes of the law, both parents are the same and have the same rights. The decision regarding the custody of the child is based upon the Guardians & Wards Act as well as the Personal Laws. In any case, it is the welfare of the child which is of primary consideration. Do Fathers Have Custody Rights in India? Fathers have equal rights as mothers. The custody rights of pare...