Matrimonial Rights: A Simplified Guide for NRI Hindu Spouses
Understanding the grounds for divorce, mutual consent, and judicial separation can be crucial for NRI Hindu spouses seeking clarity on their matrimonial rights. Here’s a simplified overview:
Grounds for Divorce: Divorce can be sought on various grounds, including:
- Adultery: When one spouse engages in extramarital affairs.
- Desertion: If one spouse abandons the other for more than two years.
- Cruelty: Physical or mental abuse inflicted by one spouse on the other.
- Conversion: If one spouse converts to another religion.
- Medical Conditions: Including leprosy, venereal disease, or mental illness.
- Disappearance: If one spouse vanishes for over seven years.
- Criminal Conviction: Such as rape or bestiality.
- Repudiation of Child Marriage.
Divorce by Mutual Consent:
- No specific grounds are required for divorce by mutual consent.
- Both spouses must have lived separately for at least a year before applying.
- A joint application is submitted, affirming the desire for divorce.
- After six months, if both parties remain firm in their decision, divorce is granted.
Judicial Separation:
- Grounds for judicial separation mirror those for divorce.
- Unlike divorce, judicial separation does not dissolve the marriage.
- The spouses simply live apart, with the option to reconcile in the future.
- Remarriage is not necessary after judicial separation.
Right to Seek Restitution of Conjugal Rights:
- If one spouse deserts the other without valid reason, the court can order their return.
- This aims to ensure both spouses fulfill their marital duties and obligations.
Understanding these rights empowers NRI Hindu spouses to navigate marital challenges with clarity and confidence. By recognizing their legal options, individuals can make informed decisions about their matrimonial futures, ensuring fairness and protection for all parties involved.
At Legal Light Consulting, we specialize in facilitating court marriages in Delhi, India, catering to the needs of couples from diverse backgrounds, including Non-Resident Indians (NRIs) and local residents. Our comprehensive range of services includes:
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Contact Legal Light Consulting today and embark on your marital bliss with confidence!