A woman subjected to abuse can seek protection, residence, maintenance and compensation orders under the Protection of Women from Domestic Violence Act, 2005, even if the husband lives abroad and even for abuse that occurred overseas, provided she now resides in India. Cruelty by a husband or his relatives is separately a criminal offence under section 85 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 498A IPC). An NRI named in such a case can seek anticipatory bail and, where the allegations are baseless, quashing by the High Court.
- Civil protection
- PWDV Act, 2005
- Criminal offence
- BNS s.85 (old IPC s.498A)
- Where to file
- Where the woman resides
- Arrest safeguards
- Arnesh Kumar guidelines
What the Domestic Violence Act provides
The Act defines domestic violence widely to include physical, sexual, verbal, emotional and economic abuse, and harassment for dowry. An aggrieved woman applies to the Magistrate, directly or through a Protection Officer, and may obtain:
- Protection orders (section 18) restraining further violence and contact.
- Residence orders (section 19) securing her right to live in the shared household or directing alternative accommodation, whatever the title to the house.
- Monetary relief (section 20) for expenses, losses and maintenance.
- Custody orders (section 21) for temporary custody of children.
- Compensation (section 22) for injuries including mental distress.
The application can be filed where she permanently or temporarily resides. Courts have entertained applications from women who returned to India after abuse abroad, and the Supreme Court has confirmed that the Act protects women of every religion.
The criminal offence of cruelty
Section 85 of the Bharatiya Nyaya Sanhita punishes a husband or his relative who subjects a woman to cruelty, meaning wilful conduct likely to drive her to suicide or cause grave injury, or harassment to coerce her or her family to meet unlawful demands for property. It carries up to three years' imprisonment and is cognisable and non-bailable. Related provisions cover dowry death, and the Dowry Prohibition Act, 1961 penalises giving and taking dowry.
Where the accused lives abroad, the police may seek a look out circular, and the passport authority can be asked to impound the passport of a person evading process. Several states and the Ministry of External Affairs run cells specifically for women deserted by overseas husbands.
If you are the one seeking protection
Record what has happened: medical reports, photographs, messages, emails, bank transfers, and the names of people who witnessed events. If you are abroad, report to local police and keep the report number; it is admissible in India. On return, you can file the application under the 2005 Act and, where the facts support it, a criminal complaint. Interim protection and maintenance can be ordered at the first hearings. You may also claim return of stridhan, the jewellery and gifts that belong to you, and pursue maintenance and divorce alongside.
If you are an NRI named in a complaint
The Supreme Court has repeatedly noted the misuse of cruelty provisions to implicate entire families, including relatives who live in other cities or countries. In Arnesh Kumar v. State of Bihar (2014) it directed that police must not arrest automatically for offences punishable up to seven years and must record reasons, and that a notice of appearance should ordinarily be issued first. Later rulings caution courts against proceeding on vague, omnibus allegations against distant relatives.
Practical steps: do not ignore notices; apply for anticipatory bail before travelling; cooperate with the investigation through counsel; preserve chat logs, travel records and financial documents that contradict the allegations; and, where the complaint discloses no offence or has been settled, petition the High Court to quash the proceedings. Many cases end in a mediated settlement recorded before the court.
Proceedings in two countries
Protective orders obtained abroad, immigration consequences of a criminal case, and competing divorce or custody filings all interact. A conviction or even a pending case in India can affect visa renewals and naturalisation, and a foreign restraining order may be relied on as evidence here. We advise on the Indian proceedings and coordinate with your lawyer abroad on the rest.
Mistakes that cost NRIs time and money
- Not preserving medical records, messages and photographs at the time.
- Naming every relative without specific allegations, which weakens a genuine case.
- For the accused: travelling to India without checking the case status or obtaining bail.
- Treating the civil and criminal proceedings as one and missing dates in either.
A typical situation
Relatives abroad struck off the case
A complaint of cruelty names the husband, his parents, and a married sister and her husband who have lived overseas for ten years and met the complainant twice. The sister and brother-in-law petition the High Court with passport records showing they were never in India during the alleged incidents. The court finds the allegations against them general and unsupported and quashes the proceedings as far as they are concerned, while the case against the husband proceeds.
Illustration only, based on patterns we commonly see. It is not a real client's case and outcomes depend on the facts.
If you live in...
The Indian law is the same wherever you live. These are the points that differ by where you are.
USA and Canada
A pending criminal case in India can affect visa renewals and naturalisation; coordinate with an immigration lawyer.
UK and Europe
A non-molestation or occupation order obtained in England can be produced as evidence in Indian proceedings.
UAE and the Gulf
Employers and sponsors may be notified of travel bans; resolving the Indian case early protects employment.
Country pages: UAE, Saudi Arabia, Qatar, Kuwait, Oman, Bahrain
Australia, New Zealand and Asia
Police reports made in Australia or New Zealand are admissible in India and should be obtained in certified form.
Country pages: Australia, New Zealand, Singapore, Malaysia
Detailed country pages for this service: Domestic Violence Cases in India: Australia NRIs
Documents you will need
Evidence gathered early is the most valuable.
- Marriage certificate and wedding records
- Medical reports and photographs of injuries
- Messages, emails and call recordings
- Police reports made in India or abroad
- List of stridhan and dowry articles with proof
- Bank transfers and financial records
- Passports and visa details of both spouses
- Copy of FIR, complaint or summons received
How we handle it for you
Confidential consultation
We listen, assess risk and explain the civil and criminal options or defences.
Immediate protection or bail
Applications for protection and residence orders, or for anticipatory bail, are moved first.
Main proceedings
The application, complaint or defence is filed with supporting evidence.
Mediation
Where both sides are willing, settlement is explored through court mediation.
Final orders
We see the matter through to orders, compliance or quashing.
Frequently asked questions
Can a domestic violence case be filed in India if the abuse happened abroad?
Yes. Courts have held that a woman who has returned to India can file under the Domestic Violence Act where she resides, including for abuse suffered overseas, as the consequences continue in India.
Can an NRI husband be arrested in a 498A case when he lands in India?
He can be if an FIR is registered and he has not obtained bail, particularly where a look out circular is open. Applying for anticipatory bail before travel is the usual precaution.
Can relatives living abroad be made accused?
They are often named, but courts require specific allegations against each person. Proceedings against relatives implicated on general, unspecific claims are regularly quashed.
Can a 498A case be settled or withdrawn?
The offence is not compoundable in most states, but where the parties settle, the High Court can quash the proceedings in exercise of its inherent powers, and commonly does so in matrimonial disputes.
Does a wife have a right to stay in the matrimonial home owned by in-laws?
She has a right to reside in the shared household under the 2005 Act irrespective of ownership, as the Supreme Court held in Satish Chander Ahuja v. Sneha Ahuja (2020), subject to the court balancing the interests of elderly in-laws.
Will a case in India affect my visa or citizenship application abroad?
It may. Many countries ask about pending criminal cases and convictions. Obtain immigration advice locally and resolve the Indian case as early as possible.
Can a domestic violence case and a divorce case run together?
Yes. They are separate proceedings with different purposes, though maintenance awarded in one is adjusted in the other.
Can in-laws be asked to leave their own house?
A court can pass residence orders over a shared household, but balances the rights of elderly in-laws, and may instead direct the husband to provide alternative accommodation.
