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.
Archives: FAQs
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).
Where should NRIs file – in India or their country of residence?
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.
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.