If you are stuck in such a situation, here is what to do.

A concerned individual reached out for advice regarding their relative, Ms. Anika Sharma, an Indian citizen from Jaipur. Ms. Sharma is currently residing in a foreign country after completing her higher education and is on a post-study work visa. Her husband, Mr. Sameer Verma, joined her abroad on a dependent visa. Recently, Anika disclosed that Sameer has been emotionally and physically abusive and has also been unfaithful. They have since started living separately. The family is deeply concerned and seeking guidance on the legal recourse available to protect Anika, address Sameer’s dependent visa status, and understand the process for a divorce in India.

Advice in such cases

Navigating such a complex situation involving international jurisdiction and personal distress requires a careful and strategic approach. Here are the immediate steps to consider:

• Prioritize Safety: The foremost priority is Anika’s physical and emotional safety. Since they are already living separately, she should ensure Sameer does not know her new address and restrict all communication. She should inform local friends or community members she trusts about her situation.
• Document Everything: It is crucial to create a detailed record of all instances of abuse. This includes dates, times, descriptions of incidents, and any evidence like photographs of injuries, abusive text messages, emails, or recordings. This documentation will be vital for legal proceedings both in the foreign country and in India.
• Inform Local Authorities: Anika should consider reporting the abuse to the local police in the country she resides in. A police report can serve as strong evidence and may offer immediate protection through restraining orders, depending on local laws.
• Contact Immigration Authorities: Anika should inquire with the immigration department of the foreign country about the process of revoking a dependent’s visa based on marital separation and abuse. His right to stay is contingent on her primary visa, and a formal separation or divorce filing can be grounds for its cancellation.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Even if the abuse occurred abroad, legal action can be initiated in India. The relevant laws include:

• The Hindu Marriage Act, 1955: A divorce petition can be filed in India. Section 13(1)(ia) of the Act recognizes cruelty as a valid ground for divorce. The documented evidence of physical and emotional abuse will be critical to prove cruelty.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): If the family wishes to pursue criminal charges, they can file a complaint under Section 85 of the BNS, which deals with cruelty by a husband or his relatives. While the acts occurred abroad, a complaint can often be filed where the wife permanently or temporarily resides upon her return to India.
• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): For maintenance, Anika can file a case under Section 144 of the BNSS to claim financial support from her husband, regardless of where he is located.
• The Protection of Women from Domestic Violence Act, 2005: This act provides for protection orders, residence orders, and monetary relief. Its jurisdiction can sometimes extend to incidents that have a connection to India.

If you are the complainant

If you are a family member in India acting on behalf of the victim:

• Gather Information: Collect all the evidence and a detailed narrative of the abuse from your relative abroad.
• Power of Attorney: Your relative may need to execute a Power of Attorney authorizing a family member in India to hire a lawyer and initiate legal proceedings on her behalf.
• File a Complaint: You can approach the police in your city to file a complaint, especially if there has been harassment of the family in India or if dowry demands were made.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the one facing abuse abroad:

• Seek Local Support: Contact local domestic violence support groups or NGOs in the country you are in. They can provide shelter, counseling, and legal guidance specific to that country’s laws.
• Secure Your Documents: Ensure you have your passport, visa documents, academic certificates, and other important papers in a safe place that your husband cannot access.
• Inform the Indian Embassy/Consulate: The Indian embassy can provide consular assistance, connect you with local resources, and offer guidance.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

When a complaint is filed in India regarding abuse that occurred abroad, the police response can vary. Initially, they might be hesitant, citing jurisdictional issues. However, if a part of the cause of action (like dowry demands, harassment of family, or the wife’s current residence) is in India, they are obligated to register a First Information Report (FIR). They can investigate any co-accused relatives residing in India. The FIR and subsequent investigation will be crucial for the divorce case and any other legal proceedings.

FAQs people normally have

Can she revoke his dependent visa?

This depends entirely on the immigration laws of the foreign country. Generally, the primary visa holder can inform the immigration authorities of the marital separation. This usually leads to the dependent visa being curtailed, forcing the dependent to either leave the country or secure a new visa on their own merits.

What are the implications for a divorce case in India?

The evidence of abuse and infidelity provides strong grounds for seeking a contested divorce in India on the grounds of cruelty. A well-documented case can expedite the process and lead to a favorable outcome regarding alimony and maintenance.

Can we get legal help online?

Yes, many Indian lawyers and law firms now offer online consultations. This is an effective way for an NRI to get legal advice, strategize, and even initiate proceedings in India without having to travel immediately.

What evidence is required?

To build a strong case, the following evidence is essential:

• Digital evidence like emails, text messages, and social media posts containing threats or admissions of infidelity.
• Photographs or videos of physical injuries.
• Medical reports detailing injuries and treatment received.
• Statements from any witnesses (friends, colleagues, or neighbors) who observed the abuse.
• A copy of any police report filed in the foreign country.
• Proof of separate living arrangements, like rental agreements or utility bills.

How long will the investigation take?

The duration of legal proceedings in India can be lengthy. A police investigation can take a few months. A contested divorce case can take anywhere from two to five years, or sometimes longer, depending on the complexity of the case and the court’s workload. However, filing for interim maintenance and protection orders can provide immediate relief while the main case is pending.

Advocate Sudhir Rao, Supreme Court of India