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Mayach & Co. · Cross-Border Matters
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USA & Indian Jurisdiction

From enforcing a US judgment in India to advising on a cross-border matrimonial dispute — this page covers the Indian law dimension of matters with a US connection.

Overview
When US Law Meets Indian Jurisdiction

The US and India share significant legal, commercial, and family connections. A US-based law firm advising a client on Indian assets, a US company structuring an Indian subsidiary, a US court order that needs enforcement in India — each of these requires understanding where Indian law governs and what it requires. This page covers the most common points of intersection between US law and Indian jurisdiction.

Common Matters
Where Indian Law Becomes Relevant
01
US Divorce Not Recognised in India
Most US states grant no-fault divorce on irreconcilable differences. This ground does not exist under the Hindu Marriage Act, 1955. A US no-fault divorce will not be recognised by Indian courts under Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451. The spouse in India remains legally married. Remarriage in India after a US civil divorce — without a recognised Indian decree — is bigamy under Section 82 BNS 2023.
02
NRI Property Disputes
Property in India occupied, encroached upon, or mismanaged while the owner is in the USA. Adverse possession runs on a 12-year limitation period under Article 65 of the Limitation Act, 1963. Power of Attorney holders acting beyond authority is the most common pattern.
03
FIR and Criminal Proceedings in India
An FIR filed in India operates independently of the accused's location in the USA. A non-bailable warrant and Look Out Circular can be issued. Anticipatory bail under Section 482 BNSS 2023 must be applied for in India.
04
Delaware Company, Indian Founder
An Indian founder incorporating in Delaware while resident in India creates FEMA compliance obligations. The RBI Overseas Direct Investment framework governs Indian residents investing in foreign companies. A flip structure — moving an Indian company into a US holding structure — requires specific RBI compliance.
05
Succession and Inheritance
Inheriting Indian property from the USA requires succession certificates for movable property or Letters of Administration or Probate for immovable property from Indian courts, regardless of where the heir is located.
06
Child Custody Across Borders
India is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. A US custody order is not automatically enforceable in India. Indian courts apply the welfare-of-the-child standard independently.
Legal Framework
Statutes on Both Sides
Indian Statutes
  • Hindu Marriage Act, 1955 — grounds for divorce under Section 13
  • Special Marriage Act, 1954 — interfaith marriages, Section 27 divorce grounds
  • Code of Civil Procedure, 1908 — Sections 13, 14 — foreign judgment recognition
  • Limitation Act, 1963 — Article 65 adverse possession
  • Foreign Exchange Management Act, 1999 — ODI framework, NRI accounts
  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 482 anticipatory bail
  • Guardian and Wards Act, 1890 — child custody
  • Income Tax Act, 1961 — DTAA India-USA
USA Statutes
  • Uniform Marriage and Divorce Act — model US law (varies by state)
  • California Family Code — no-fault divorce in California
  • New York Domestic Relations Law — divorce grounds in New York
  • Delaware General Corporation Law — startup incorporation
  • Uniform Child Custody Jurisdiction and Enforcement Act — international custody
Published Articles
Reading on USA and Indian Law
Gilead Sciences v. Meritain Health: Why a Chemically Identical Import Still Infringes a Drug's Trademark→ Devas Multimedia v. Antrix Corp.: A Purely Foreign Arbitral Award Can Still Be Enforced in US Courts→ Shenzhen Zehuijin Investment Center v. Liu Yingkui: living in a state is enough for jurisdiction, even without in-hand service→ VIP Products v. Jack Daniel's Properties: parody dog toy defeats trademark dilution claim→ Ali v. Osman: A Talaq Divorce From Sudan Gets No Comity in North Dakota→ Kea Investments Ltd v Wikeley: Fraud and the Limits of International Comity→ Tesla v InterDigital: Why a Patent Pool Still Has to Play Fair→
Other Jurisdictions
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