One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X was an NRI working in City A abroad when his estranged wife filed a domestic violence case against him and his family members in City B, India. After their separation, the woman approached the local magistrate court seeking protection orders and interim maintenance. Mr.X received legal notices while working overseas and was concerned about potential travel restrictions if he returned to India. The case included allegations against Mr.X’s parents and siblings as co-respondents. The court had issued summons requiring his appearance, creating a dilemma about whether returning to India would result in arrest or travel bans. Mr.X was also worried about interim maintenance orders being passed in his absence.

Advice in Such Cases

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 to 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.

• Engage a competent family law advocate in India immediately to represent you in court proceedings
• Apply for exemption from personal appearance through your lawyer, citing overseas employment
• Prepare detailed financial disclosure documents to present accurate income information to the court

Applicable Sections of Law

The case falls under the Protection of Women from Domestic Violence Act, 2005. Under BNS Section 85 (cruelty to woman), domestic violence can be criminalized. BNSS Section 204 deals with summons and warrants for appearance. Section 12 of the DV Act allows magistrates to grant interim maintenance. BNS Section 498A equivalent provisions cover harassment for dowry or cruelty. The court can pass protection orders under Section 18 of the DV Act and residence orders under Section 19.

If You Are the Complainant

• File detailed complaint with specific incidents of violence, dates, and witness details
• Collect medical records, photographs of injuries, and audio/video evidence if available
• Submit income proof of the respondent for accurate maintenance calculation
• Request protection orders to prevent further harassment or contact
• Seek residence orders if shared household rights are disputed

If You Are the Victim

• Immediately engage experienced DV case lawyer to file written statement and counter-affidavit
• Apply for exemption from personal appearance citing overseas employment with supporting documents
• Submit accurate income affidavit to prevent inflated maintenance orders
• Challenge false allegations with documentary evidence and witness statements
• Seek anticipatory bail if criminal charges are appended to the DV case

How the Police Behave in Such Cases

Police generally do not arrest immediately in DV Act cases as they are civil in nature unless criminal sections are invoked. They may conduct preliminary inquiry and submit report to magistrate. However, if BNS sections are added, police may issue notices for investigation. Airport authorities may flag passport if non-bailable warrant is issued for non-appearance.

FAQs People Normally Have

Can I be arrested on arrival in India? Not typically in pure DV cases, but if criminal sections are added and non-bailable warrant issued, yes.

Will interim maintenance be high? Usually 20-25% of proven income, but court may estimate if income not disclosed properly.

Can family members be made respondents? Yes, if they are alleged to have participated in domestic violence acts.

Is personal appearance mandatory? Court may grant exemption through lawyer for overseas residents with proper application.

What Evidence Is Required?

• Income tax returns and salary certificates to prove actual overseas earnings
• Employment contract and work visa documents showing legitimate overseas posting
• Bank statements and remittance records to India
• Communication records (emails, messages) to counter false allegations
• Character certificates from employers and overseas authorities
• Witness statements from family members and friends
• Property documents to clarify ownership and residence rights

How Long Will the Investigation Take?

DV Act proceedings typically conclude within 6-12 months if parties cooperate. Criminal investigation, if BNS sections are added, may take 1-2 years. Interim orders can be passed within 2-3 hearings. Final settlement through mediation is often faster than contested trial proceedings.

Advocate Sudhir Rao, Supreme Court of India