NRIs can file in either jurisdiction. Indian courts have jurisdiction if the marriage was in India, either spouse was domiciled in India at marriage, or both currently reside in India. Filing in India may be cheaper but enforcement abroad can be difficult.
FAQ Category: Services
Can a spouse remarry after obtaining judicial separation?
No party can remarry after judicial separation as they remain legally married. Only divorce allows remarriage.
How are judicial separation and divorce for NRIs different?
In judicial separation, spouses live apart but are legally married. Court does not allow them permission to remarry. In divorce, the marriage is dissolved, allowing both parties to remarry.
How to balance logic and emotion in making decision of granting POA?
To balance logic and emotion when granting a POA, carefully evaluate the person’s trustworthiness, set clear boundaries, communicate regularly and transparently to make a confident decision.
Can POA be given to more than one person?
Yes, a POA can be given to multiple people, either to act together or independently.
Why does granting POA often feel emotionally difficult?
Granting a POA feels emotionally difficult because it means trusting someone else with your important decisions in your absence.
How can one protect themselves when POA is misused?
If anyone suspects that a Power of Attorney might be misused, one has the right to revoke it through procedures.
Does POA loses the control of NRIS over their own affairs?
No, granting a Power of Attorney (POA) does not mean that Non-Resident Indians (NRIs) lose control over their own affairs. The POA simply authorizes someone else to act on their behalf for specific tasks. NRIs can still make decisions and can also revoke the POA at any time.
Is it possible to limit the scope of POA?
Yes, with the help of special power of attorney one can specify the tasks to be done via particular clauses.