Yes, NRIs have the same constitutional rights. The right to a fair trial, fair legal representation, and protection from arbitrary detention are rights available to NRIs too. However, the practical realities will often be different due to NRIs having a lack of familiarity with local procedures.
FAQ Category: Services
What are the most common criminal charges NRIs face in India?
Property crimes: Fraud, illegal occupation, document forgery in property deals through agents.
Financial crimes: FEMA violations, money laundering, tax evasion, cheque bounce cases. Matrimonial issues: Dowry harassment, domestic violence, maintenance disputes.
Business crimes: Corporate fraud, breach of trust, document forgery in partnerships are examples of such crimes.
What alternative options exist besides court proceedings?
Alternatives include mediation for financial and custody issues, cross-border arbitration for asset division, and collaborative law where both parties work with lawyers for mutually agreeable solutions without litigation.
Is the decree be recognised internationally?
Divorce decrees usually receive broader international recognition. Some countries do not recognise judicial separation orders issued by Indian courts, which creates complications for maintaining legal status abroad.
Are there any tax implications for NRIs?
Yes. With legal separation, joint tax return can still be possible. Divorce usually requires separate archiving and can trigger capital gains under real estate departments. Consider tax results in both India and the country stay.
Which option is better for children?
Depending on the situation, the child’s age plays a role here. Young children may value the stability that comes with legal separation, and teenagers can get the clarity associated with divorce. In both cases, custody is arranged by the court.
What happens to property rights?
In judicial separation, both spouses retain property rights, but the court may regulate possession. In divorce, there’s detailed property distribution, which for NRIs may involve assets across multiple countries.
How do maintenance obligations differ between the two?
In judicial separation, maintenance continues as the marriage exists. In divorce, maintenance is typically settled as permanent alimony or lump-sum payment with more finality.
What are the grounds for judicial separation and divorce for NRIs?
Common grounds include cruelty, desertion, adultery, conversion to another religion, mental disorder, communicable disease, and renunciation of the world. Specific grounds vary as they are based on applicable personal law (Hindu, Christian, Parsi, or Muslim).