The nature of litigation in the matrimonial courts has travelled from core domestic issues to cross-border issues. This is largely due to globalization, where the Indians married in India are settled abroad after some having obtained Residency or citizenship. These couples have children born on foreign soil and are foreign nationals by naturalization. Hence the issues before the courts are which law applies to such cases. Such kinds of various and myriad facts have given rise to a conflict of Laws (Indian Laws on the Matrimonial issues as also the Foreign Laws of the Land on these issues). The Indian Courts are progressively dealing with such cross-border cases (which is an integral part of Private International Law).

The predominant issues being of marriages by the NRI, with the Indians, settled in India or the NRI's both residing on a foreign soil, their validity and status of their marriages, rights of the parties in the event of such marriages resulting in separation and the aftermath of the same on their assets and most importantly on the Custody issues of the children born from the said marriage. The Conflict of laws also referred to as Private International Law means that branch of law that is applied by the Indian Courts whenever there is a dispute before it, involves a foreign element.

Foreign element may be due to various factors, like citizens of foreign countries, or Indian Citizens domiciled in foreign countries. Further to this Right to change domicile of birth is available to any person not legally dependent, and such person can acquire domicile of choice, by residing in the country of choice by establishing their intention of continuing to reside there indefinitely - unless proved the contrary, there is a presumption against change of domicile and person who alleges has to prove the same..."

It is held by the Supreme Court that "...For recognizing the foreign matrimonial judgment in this country, the jurisdiction assumed by the foreign Court, as well as the grounds on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows:

1. Where the matrimonial action is filed in the forum where the Respondent is domiciled or habitually resides and the relief is granted on a ground available in the matrimonial law under which the parties are married
2. Where the Respondent voluntarily and effectively submits to the jurisdiction of the forum and contests the claim which is based on a ground available under the matrimonial law under which parties are married
3. Where the Respondent consents to the grant of reliefs, although the jurisdiction of the forum is not in accordance with the provisions of matrimonial law of parties..."

Doctrine of Comity of Nations is the basis for applying the principles of conflict of laws, and the basis is the need to do justice to the parties through the Doctrine of Comity.

Thus we at AnaghaLegal educate the individuals about the various provisions of law and check the ambit in which their issues could be resolved to the best of our capacity.