Atchuthan Sriskandarajah India

Atchuthan Sriskandarajah, known as Mr. Sris, is the founder and managing attorney of Law Offices of SRIS, P.C., a US law firm practicing since 1997. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His Tamil heritage and understanding of Indian culture inform the firm’s approach to cross-border matters involving India. This page provides general legal information about how US-based legal issues intersect with Indian law, prepared by a US-admitted attorney. It does not constitute legal advice under Indian law, and Mr. Sris is not admitted to practice in India.

About Atchuthan Sriskandarajah

Mr. Sris founded Law Offices of SRIS, P.C. in 1997. He is a former prosecutor and has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g). Mr. Sris was also involved in the introduction of Virginia House Joint Resolution HJR 573 (2017), recognizing Pongal Day in the Commonwealth. His professional background includes handling a wide range of US legal matters, and his personal connection to India gives him a unique perspective on the needs of clients with ties to both countries.

Mr. Sris is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is not admitted to practice law in India. The firm’s principal location is in Virginia, and all consultations are by appointment only.

Cross-Border Legal Matters Involving India

Law Offices of SRIS, P.C. assists clients with US legal issues that have an Indian dimension. The firm does not practice Indian law, but it can address the US side of cross-border matters and, when appropriate, collaborate with India-admitted counsel. The following information outlines key legal frameworks that often arise in US-India matters.

India is a contracting party to the 1961 Hague Apostille Convention (in force since 14 July 2005). This means that public documents from another contracting state, such as the United States, can be authenticated for use in India by obtaining an apostille rather than undergoing consular legalization. Conversely, Indian public documents can be apostilled for use in the US.

For service of process, India is a contracting party to the 1965 Hague Service Convention (in force since 2007). However, India has objected to Article 10, which means that service by postal channels or private process server is not permitted. Service of US legal documents on a party in India must be made through India’s designated Central Authority. The timing and procedure depend on the Central Authority’s current practices.

India is not a contracting party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Therefore, the Convention’s return mechanism does not apply to a child wrongfully removed to or retained in India. Cases involving children taken to India are governed by Indian custody law, and any US parent seeking the return of a child must work through the Indian legal system with the assistance of India-admitted counsel.

Under the doctrine of lex loci celebrationis, a marriage validly contracted under the law of the place where it was celebrated is presumptively recognized as valid by US courts, subject to narrow public-policy exceptions. This means that a marriage performed in India in accordance with Indian law is generally recognized in the United States, and vice versa. The party seeking recognition may need to authenticate the marriage certificate; whether an apostille or chain-legalization is required depends on the issuing country’s status under the Apostille Convention.

India’s criminal laws underwent a significant revision effective 1 July 2024. The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 (IPC). The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the Code of Criminal Procedure, 1973 (CrPC). The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act, 1872. When discussing Indian criminal matters, it is important to use the current statutory references.

Atchuthan Sriskandarajah, Esq. is the principal attorney and founder of Law Offices of SRIS, P.C., admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sriskandarajah has prepared this information as part of SRIS’s knowledge resource on Indian law and related topics. Law Offices of SRIS, P.C. is a US law firm with an international clientele that collaborates with a network of foreign-jurisdiction-admitted Of Counsel attorneys. As SRIS expands its Of Counsel presence into India, matters requiring representation under Indian law will be handled through an attorney admitted by the Bar Council of India. Until SRIS engages Of Counsel in India, this page is offered as general legal information by a US-admitted attorney — it is not legal advice and is not legal representation under Indian law.

Frequently Asked Questions

Is Atchuthan Sriskandarajah licensed to practice law in India?

No, Mr. Sriskandarajah is not admitted to practice law in India. He is admitted only in Virginia, Maryland, the District of Columbia, New Jersey, and New York. This page provides general legal information from a US perspective and does not constitute legal advice under Indian law. For matters requiring Indian legal representation, you should consult an attorney admitted by the Bar Council of India.

How does the firm handle US-India cross-border legal matters?

The firm addresses the US side of cross-border matters and collaborates with India-admitted counsel when necessary. Law Offices of SRIS, P.C. is a US law firm. It does not practice Indian law. For a matter that involves both US and Indian law, the firm can handle the US aspects and, if the client needs Indian legal services, can work alongside an India-licensed attorney. The firm does not currently have an Of Counsel attorney in India, but it can assist in identifying qualified India-admitted counsel.

What is the Hague Apostille Convention and how does it apply to India?

India is a contracting party to the 1961 Hague Apostille Convention, which simplifies the authentication of public documents between member countries. A US public document intended for use in India can be authenticated with an apostille from the competent authority in the issuing US state, rather than undergoing consular legalization. Similarly, an Indian public document can be apostilled for use in the US. The Convention has been in force for India since 14 July 2005.

Can US court documents be served on someone in India?

Yes, but only through India’s Central Authority under the Hague Service Convention. India is a party to the 1965 Hague Service Convention but has objected to Article 10, which prohibits service by postal channels or private process server. Service must be transmitted through the designated Central Authority in India. The process can take time, and the specific requirements depend on the Central Authority’s current procedures.

Does the Hague Abduction Convention apply if a child is taken to India?

No, India is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Convention’s return mechanism does not apply. A parent seeking the return of a child wrongfully removed to or retained in India must pursue remedies under Indian custody law. This typically requires engaging an India-admitted attorney and navigating the Indian family court system.

Is a marriage performed in India recognized in the United States?

Generally, yes, under the doctrine of lex loci celebrationis. A marriage that is valid under the law of the place where it was celebrated is presumptively recognized by US courts. A marriage performed in India in accordance with Indian law is therefore likely to be recognized in the US, provided it does not violate a strong US public policy. The party seeking recognition may need to provide an authenticated marriage certificate, which can be apostilled under the Hague Apostille Convention.

What are the new Indian criminal codes that replaced the IPC?

Effective 1 July 2024, the Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure, and the Bharatiya Sakshya Adhiniyam (BSA) replaced the Indian Evidence Act. These new statutes modernize India’s criminal law framework. When referencing Indian criminal provisions, it is important to use the current BNS, BNSS, or BSA section numbers rather than the former IPC, CrPC, or Evidence Act citations.

Does the firm have an office in India?

No, Law Offices of SRIS, P.C. does not have a location in India. The firm’s principal location is in Virginia, and it operates by appointment only. It does not maintain a physical presence in India. The firm’s cross-border work involving India is conducted from its US locations in collaboration with India-admitted counsel when needed.