New Delhi lawyer
Legal matters that cross between the United States and India often involve two distinct legal systems operating in parallel. A person searching for a New Delhi lawyer may be looking for representation in an Indian court, or may need a US-licensed attorney who understands how US law applies to a matter with an India connection. Atchuthan Sriskandarajah, Esq., the principal attorney at Law Offices of SRIS, P.C., is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has practiced since 1997 and addresses the US-law side of cross-border matters involving India. Mr. Sriskandarajah is not admitted to practice Indian law and does not appear in Indian courts. This page is offered as general legal information by a US-admitted attorney. It is not legal advice and does not constitute legal representation under Indian law.
US Legal Matters with an India Connection
When a legal matter involves both the United States and India, the US-law dimensions and the Indian-law dimensions are governed by separate legal systems. A US-licensed attorney addresses the US side: federal immigration petitions, recognition of foreign marriages in US courts, enforcement of foreign judgments, cross-border discovery, and document authentication for use in US proceedings. The Indian-law side — including representation before Indian courts, filing under Indian statutes, and matters governed by the Bharatiya Nyaya Sanhita, 2023 — falls within the exclusive domain of advocates admitted by the Bar Council of India.
Several treaty frameworks facilitate cross-border legal procedures between the two countries. India has been a contracting party to the 1961 Hague Apostille Convention since 14 July 2005, permitting apostille authentication of public documents in place of consular legalization. India is also a contracting party to the 1965 Hague Service Convention, having joined in 2007, though it has objected to Article 10 — meaning service of process must route through India’s designated Central Authority rather than by postal channels or private process server. India is not a contracting party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, so the Convention’s summary return mechanism does not apply to children removed to or retained in India.
About the Firm
Law Offices of SRIS, P.C. is a US law firm founded in 1997 by Mr. Sris, a former prosecutor. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm serves clients whose legal matters involve US law, including those with cross-border dimensions. Mr. Sris 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). The firm maintains its principal location in Virginia, by appointment only. Mr. Sris is not admitted to practice Indian law, and the firm does not provide legal representation in India.
Frequently Asked Questions
What does the term “New Delhi lawyer” refer to on this page?
This page addresses the US-law needs of individuals and businesses whose legal matters involve both the United States and India, including New Delhi. Atchuthan Sriskandarajah, Esq. is a US-licensed attorney admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is not admitted to practice Indian law and does not appear before Indian courts. The information on this page describes how US legal services may apply to cross-border matters with an India connection. For representation in an Indian court, a separate advocate admitted by the Bar Council of India would need to be consulted.
Can a US-licensed attorney represent a client in an Indian court?
No. Only advocates admitted by the Bar Council of India may practice law before Indian courts. A US-licensed attorney cannot appear in Indian courts, file pleadings under Indian law, or provide legal representation in India. The US-licensed attorney’s role is limited to addressing the US-law dimensions of a cross-border matter — for example, filing a US immigration petition, seeking recognition of an Indian judgment in a US court, or authenticating documents under the 1961 Hague Apostille Convention for use in US proceedings.
What cross-border legal matters commonly involve both US and Indian law?
Several categories of legal matters routinely involve both US and Indian law. These include US immigration matters for Indian nationals, international divorce where one spouse resides in India, child custody disputes spanning both countries, recognition of Indian marriages in US courts, enforcement of Indian judgments in the United States, cross-border business transactions, and document authentication for use in either country. Each matter requires attention to the distinct legal requirements of both jurisdictions, and the US-law and Indian-law components are handled separately by attorneys admitted in the respective jurisdictions.
How does the 1961 Hague Apostille Convention apply between the United States and India?
India has been a contracting party to the 1961 Hague Apostille Convention since 14 July 2005, and the United States is also a contracting party. Under the Convention, a public document issued in one contracting state may be authenticated for use in another contracting state by an apostille certificate issued by the competent authority of the issuing state. For documents moving between the United States and India, apostille authentication replaces the older chain-legalization process that required multiple levels of consular certification. The apostille confirms the authenticity of the document’s signature, seal, or stamp.
How is service of process handled from the United States to India?
India has been a contracting party to the 1965 Hague Service Convention since 2007, and service of process from the United States to India must be made through India’s designated Central Authority. India has objected to Article 10 of the Convention, which means service by postal channels or by private process server is not permitted for defendants in India. The Central Authority route is the required mechanism under the Convention as modified by India’s declarations. The timing of service depends on the Central Authority’s processing and the specific requirements of the Indian jurisdiction where service is to be effected.
What is the status of child custody matters between the United States and India under the Hague Abduction Convention?
India is not a contracting party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Convention’s return mechanism — which provides a summary process for returning a wrongfully removed or retained child to the child’s country of habitual residence — does not apply when a child is taken to or retained in India. Such cases proceed under Indian custody law rather than through the Hague return procedure. A parent seeking the return of a child from India would need to pursue remedies available under Indian law through an advocate admitted by the Bar Council of India.
How are marriages performed in India recognized by US courts?
Under the doctrine of lex loci celebrationis, a marriage that is validly contracted under the law of the place where it was celebrated is presumptively recognized as valid by US courts. A marriage performed in India in compliance with Indian marriage laws is therefore presumptively recognized in the United States, subject to narrow public-policy exceptions. The party seeking recognition typically needs to authenticate the marriage certificate. Because both the United States and India are contracting parties to the 1961 Hague Apostille Convention, an apostille from the Indian competent authority is the standard method of authentication for use in US proceedings.
What changes occurred in Indian criminal law in 2024?
Effective 1 July 2024, three new codes replaced India’s colonial-era criminal laws. The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code, 1860 (IPC) as the substantive criminal code. 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. During the transitional period, references to former IPC sections are typically dual-cited with the corresponding BNS section — for example, Section 85 BNS (formerly Section 498A IPC).