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Showing posts from September, 2026

NRI Divorce and Family Law in India: How Can an NRI File Mutual Divorce Without Coming to India? By Advocate Manoj Sharma

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  Introduction For Indians living abroad, matrimonial disputes can become complicated because the spouses may be living thousands of kilometres away from India while their marriage, family, property or other legal connections remain in India. A common question is: “Can an NRI obtain a mutual consent divorce in India without travelling to India for every court hearing?” In appropriate cases, yes, an NRI may be able to participate in mutual-consent divorce proceedings through video conferencing or other court-approved arrangements , but this should not be understood as an automatic right to complete the entire divorce process remotely in every case. The procedure depends on the personal law governing the marriage, jurisdiction of the Indian court, court directions, identification requirements, settlement terms and whether the court permits appearance through video conferencing or another arrangement . For Hindu marriages, Section 13B of the Hindu Marriage Act, 1955 (HMA) provides th...

Anticipatory Bail in Online Fraud and Cyber Crime Cases: Legal Remedies Under BNSS By Advocate Manoj Sharma

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  Online fraud and cyber crime cases have become increasingly complex. Allegations may involve UPI fraud, phishing, fake investment schemes, identity theft, online cheating, cryptocurrency transactions, fake websites, social-media fraud, unauthorized transactions or misuse of bank accounts . In such cases, a person may suddenly discover that an FIR has been registered against them and that the police are investigating their alleged role. If the alleged offence is non-bailable and there is a genuine apprehension of arrest, one important legal remedy is anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) . IndiaCode by eCourtsIndia But anticipatory bail is not automatic merely because a person claims innocence . The court examines the allegations, the applicant’s role, the seriousness of the offence, the investigation requirements and other circumstances of the particular case. What Is Anticipatory Bail Under Section 482 BNSS? Section 482 BNSS ...

Summons and Arrest by Enforcement Directorate: Rights of Accused Under BNSS and PMLA By Advocate Manoj Sharma

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Receiving a summons from the Enforcement Directorate (ED) can be extremely serious, particularly when it relates to an investigation under the Prevention of Money Laundering Act, 2002 (PMLA) . But an ED summons and an ED arrest are not the same thing . A person receiving a summons should understand the legal nature of the proceeding, the scope of Section 50 PMLA, the circumstances in which Section 19 permits arrest, and the constitutional safeguards applicable to an arrested person. At the same time, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) now governs general criminal procedure from 1 July 2024, while PMLA remains a special statute with its own arrest and bail provisions. India Code This guide explains the important legal rights and safeguards surrounding ED summons, arrest, remand and bail . What Is an ED Summons Under Section 50 PMLA? Section 50 of the PMLA gives specified ED authorities powers relating to summoning persons, requiring attendance, producing documents and...