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How to Protect Yourself from Online Domestic Violence with Digital Abuse in NRI Marriages

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  Introduction The digital age has allowed domestic violence to extend beyond physical spaces. In the digital age, domestic violence is increasingly manifesting itself in virtual environments through digital abuse. For many Indian citizens, particularly those who are married to non-resident Indians (NRIs) , digital abuse has become a devastating reality. The purpose of this blog is to explore how victims of digital abuse, particularly those married to non-resident Indians, can take action in India to combat this growing issue. How does digital abuse occur? Digital abuse refers to the use of technology to harass, control, stalk, or intimidate a partner. Online stalking Harassment on the internet Sharing of intimacies without consent (Revenge Porn) Surveillance or tracking using digital technology Abuse of digital platforms by financial institutions Indian citizens who are married to NRIs often suffer abuse across borders, creating legal complications and emotional distress. Response...

How Can Lawyers Help Men Abused by Women in Court?

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Introduction The legal landscape in India has evolved in recent years to recognize that men, too, can be victims of domestic abuse and false allegations in matrimonial disputes. My experience as a High Court lawyer in Bangalore has taught me a few points that can be considered in order to ensure justice and protect men's fundamental rights when defending men against such allegations. We explore the various legal actions a husband can take to protect his interests and well-being at a very high level in this blog: Appeals from lower court judgments: A High Court lawyer can file an appeal when a lower court has issued a judgment that is unjust or biased against the husband. Appeals or Writs can be filed by the husband when a lower court may have overlooked key evidence or misinterpreted the law. The High Court has the authority to re-examine the case, considering all the evidence and legal arguments afresh. When husbands are denied custody or visitation of their child, they often fil...

Top 10 Common Challenges Women Face in NRI Marriages

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Women have increasingly sought marriage with Non-Resident Indians (NRIs) in recent years, especially in developing countries, in hopes of obtaining a better life and settling in a foreign country. A significant number of women, however, find themselves disappointed and disillusioned as a result of the dream of a brighter future, which often turns into a nightmarish reality. NRI marriage provides the promise of a more comfortable life, financial stability, and the opportunity to explore new horizons. Despite the glittering facade, several instances of deception, fraud, and broken dreams can be found behind the glittering facade of many NRIs who are perceived as successful, well-settled individuals who can provide a secure and prosperous future. The following is a compilation outlining potential challenges that may arise in NRI marriages, especially those where women have been victimized. In such instances, it is recommended that individuals exercise caution and seek legal advice. Below...

How to File for Restitution of Conjugal Rights: A Step-by-Step Guide

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Introduction When a spouse has been abandoned by their partner and wishes to resume marital cohabitation, the restitution of conjugal rights is a legal remedy available to them. There are some provisions in the Hindu Marriage Act, 1955, which provide a similar remedy, and similar provisions in other personal laws as well. According to restitution of conjugal rights decrees, the respondent (a spouse who left their matrimonial home) must return as soon as possible to the matrimonial home and live with the petitioner (the spouse who filed the case). As a further option, the court may impose certain conditions, including the payment of maintenance and regular visits to the marital property. In general, restitution of conjugal rights is based upon the concept that marriage is a sacred bond, and the parties to the marriage are entitled to cohabit with each other. Nevertheless, there has been considerable controversy regarding the remedy, as some claim that it violates the right to privacy an...

How to Approach Divorce with a Partner Facing Mental Health Challenges

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Introduction Divorce is a complex and emotionally charged process, but when one spouse is suffering from mental illness, the difficulties can become even more complicated. Divorcing a spouse with mental illness can be a challenging and complex process, which requires understanding the legal and practical aspects. To clarify and guide this sensitive topic, we have provided a list of frequently asked questions (FAQs). How can I divorce my spouse with a mental illness in India? The Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Indian Divorce Act of 1869 all allow mental illness as a valid basis for divorce in India. A mental disorder deemed severe and incurable may be cited as grounds for divorce if it prevents a couple from living together. However, it is the petitioner's responsibility to demonstrate the severity of the mental illness. Divorce courts decide if mental illness is a valid ground. For a mental illness to be validly used as a basis for divorce, s...