As a reputable law firm, we aim to provide our clients with comprehensive legal advice on a range of matters, particularly pertaining to the rights and protection of Non-Resident Indians (NRI). One such area that demands greater attention is the provisions under The Protection of Women from Domestic Violence Act, 2005. This legislation seeks to prevent domestic violence against women by enabling them to seek redressal through civil remedies.
Section 3 of this Act states that any woman who is or has been in a domestic relationship with the respondent and alleges having been subjected to any act of domestic violence may file an application before the Magistrate for seeking relief under this Act. It is pertinent to note that Section 2(f) defines ‘domestic relationship’ as one where two persons live together in a shared household and are related by blood, marriage or adoption.
The term ‘domestic violence’ encapsulates physical, sexual, emotional, verbal and economic abuse within the confines of a shared household. The definition aims at protecting women’s rights irrespective of their marital status or kinship ties with their perpetrators.
It is imperative for NRIs residing overseas but have roots in India to be cognizant about these provisions since they can also seek legal recourse if they face any form of domestic violence or abuse from their spouses/family members in India. However, it must be noted that jurisdiction remains one critical issue while pursuing cases outside India’s territorial limits.
In light of recent case laws such as Smt Suman v Sanjay Kumar Agrawal (2009), whereby the Supreme Court reiterated that a wife could file an application under this Act notwithstanding her husband’s domicile/residence being outside India; it confers protection on all married women who are subjecting themselves into undeserved exploitation at home/abroad due to spousal power dynamics which extends beyond state borders.
Additionally, another landmark judgment – Savitri Devi versus Ramesh Chand (2010) – held that a woman must prove the shared household’s ownership or tenancy rights to establish her eligibility to claim relief under this Act.
Moreover, the case of Hiral P Shah vs Rajan A Shah and Ors (2019) Wherein, it was established that an NRI husband’s physical presence within India was not mandatory for granting reliefs/kinds of relief under Section 18 and 19 of The Protection Of Women from Domestic Violence Act, 2005.
Therefore, NRIs must be aware of their legal rights and seek legal aid in cases where they face domestic violence or abuse at home/abroad through proper channels. It is our strong recommendation that they contact qualified lawyers who would guide them through this process and provide the necessary support to ensure justice is served.