AFTERWORD BY PROF. EMERITUS DR. UPENDRA BAXI: PRACTITIONER'S GUIDE TO INTERNATIONAL FAMILY LAW BY ANIL AND ANKIT MALHOTRA

Afterword*

The Practitioner’s Guide to International Family Law: An Indian Perspective by Anil Malhotra and Ankit Malhotra is a landmark contribution to the evolving landscape of Indian family law in a globalized world. The authors have crafted a work that is as indispensable as it is innovative, serving as a guiding light for practitioners, scholars, and policymakers who seek to navigate the intricacies of cross-border familial disputes. This text transcends mere legal analysis, presenting a nuanced understanding of how Indian family law intersects with international norms and practices.

In this age of increasing globalization and transnational migration, familial disputes are no longer confined to national boundaries. The authors adeptly explore how Indian courts grapple with the multifaceted challenges of adjudicating cross-border family disputes, such as child custody, inter-country adoption, surrogacy, and the enforcement of foreign judgments. Their approach bridges the gap between traditional Indian legal doctrines and the imperatives of international law, providing a comprehensive framework for addressing these complex issues.

What distinguishes this guide is its ability to synthesize a fragmented and pluralistic legal framework into a coherent narrative. India’s personal laws, reflecting the diversity of its multi-religious society, present a unique challenge in the realm of family law. From Hindu, Muslim, and Christian marriage and divorce laws to statutory regimes such as the Hindu Marriage Act, the Special Marriage Act, and international instruments like the Hague Conventions, the authors skilfully navigate this legal tapestry. Their analysis underscores the urgent need for harmonizing domestic laws with international obligations, a task made even more pressing in the face of rapidly evolving global norms.

The section on the enforcement of foreign judgments is particularly noteworthy. The authors illuminate the nuanced balancing act performed by Indian courts as they uphold principles of international comity while safeguarding constitutional values and human rights. This discussion sheds light on India’s approach to recognizing and enforcing foreign decrees in family law cases, illustrating the judiciary’s pivotal role in shaping the interface between domestic and international legal orders.

Equally compelling is the exploration of surrogacy laws and their international ramifications. As technological advancements redefine the boundaries of family creation, the authors delve into the ethical, moral, and legal conundrums posed by cross-border surrogacy arrangements. They critique existing regulatory frameworks while providing practical insights for practitioners and judges tasked with resolving these disputes. The discussion is not merely doctrinal but also normative, urging stakeholders to engage with the broader implications of these issues.

The critique of India’s fragmented personal laws is another recurring theme. By juxtaposing India’s diverse legal regimes with international practices, the authors provoke a necessary dialogue on the constitutional aspiration for a uniform civil code enshrined in Article 44 of the Indian Constitution. However, the authors do not shy away from acknowledging the socio-religious complexities that render this aspiration both necessary and challenging. This balanced perspective adds depth to their analysis, making this guide not only a practical tool but also a catalyst for reform.

For policymakers, this book is a clarion call to address the lacunae in India’s family law framework and to harmonize it with global standards. For practitioners, it is an essential resource, offering precise and practical guidance to navigate the labyrinth of international family law. For scholars, it is a treasure trove of insights, inviting further exploration into the intersections of domestic and international legal systems.

As I reflect on this monumental work, I am reminded of the resilience and adaptability of law as a social institution. Family law, more than any other branch, mirrors the delicate balance between tradition and modernity, individual rights, and collective responsibilities. Through their incisive analysis and visionary outlook, Anil Malhotra and Ankit Malhotra have provided a guide not just for resolving disputes but for envisioning a more just and equitable legal order—one that prioritizes the welfare of individuals and families across borders.

To the Malhotras, I extend my deepest gratitude for this monumental contribution to the field of family law. May this work inspire legal practitioners, judges, and scholars to engage deeply with the transformative potential of international family law, ensuring that the law evolves in step with the changing realities of our interconnected world.

*Upendra Baxi

Professor Emeritus, University of Warwick and University of Delhi