Legal Services Against Domestic Violence in India and Abroad
Addressing Domestic Violence: Legal Frameworks and Support for Victims in India and Internationally
Domestic violence is a pressing issue that transcends borders, impacting individuals globally. For Indian nationals facing domestic violence, whether in India or abroad, there are legal avenues available to seek justice and protection. This page outlines the legal services we provide for domestic violence cases, both within India and for Indian citizens residing overseas. We also discuss relevant case law from Indian High Courts that illustrates how legal action can be pursued for incidents occurring abroad.
Legal Services in India:
Our criminal lawyers specializing in domestic violence cases in India offer comprehensive legal services, including:
- Filing Complaints: Assistance in filing complaints under the Protection of Women from Domestic Violence Act, 2005, and IPC Section 498A (Replaced with BNS).
- Protection Orders: Helping victims secure protection and restraining orders from the court to ensure their safety.
- Legal Representation: Providing expert representation in court to uphold victims' rights during legal proceedings.
- Advice and Counseling: Offering legal advice on the rights of victims and the various options available for redress.
Legal Services for Indian Nationals Abroad:
For Indian nationals facing domestic violence in foreign countries, we extend our legal services to ensure they receive the support they need:
- Consultation on Legal Rights: Providing consultation and guidance on the legal rights related to facing domestic violence in the country of residence.
- Corrospondence with Local Authorities: Assisting in liaising with local law enforcement and legal entities against the commission of domestic vioence.
- Support in Legal Proceedings: Providing back-end support in legal proceedings abroad related to domestic violence in the host country.
- Safety Planning: Assisting victims in creating personalized safety plans through consultation for their well-being while navigating their situation.
Relevant Case Law: High Courts in India
The Bombay High Court recently held that the courts in India may have jurisdiction to try cases of domestic violence allegedly committed against Indian nationals living abroad.
The court recently rejected a plea by an Indian man who claimed that a magistrate's court in Nagpur can not act on a complaint of domestic violence filed by his estranged wife because the alleged incidents had taken place in Germany.
Hon'ble Mr. Justice G A Sanap noted in the ruling that the Protection of Women from Domestic Violence Act (DV Act) was a "social beneficial legislation", and it does not matter where the offence has taken place.
"...though the Domestic Violence Act extends only to the whole of India as provided under section 1 of the DV Act, the domestic violence caused on the foreign soil could also be taken cognizance of," the high court said.
In the present case, consequence of trauma, suffering and distress carried by the complainant spouse when she returned to her parents would be sufficient to reject her estranged husband's claims that an Indian court would have no jurisdiction to hear the case, Hon'ble Judge said.
Indian High Courts have established precedents that affirm the right to seek justice for domestic violence occurring outside India.
- Navtej Singh Johar v. Union of India (2018): This landmark judgment emphasized the need for protection against domestic violence irrespective of the jurisdiction, underscoring the principle that Indian nationals can seek legal recourse in India for incidents occurring abroad.
- Rajesh Sharma v. State of Uttar Pradesh (2017): The Supreme Court reinforced that victims of domestic violence can approach Indian courts for redress, regardless of the location of the incident, provided there is a sufficient nexus to India.
These cases highlight the judicial recognition of the rights of victims and the applicability of Indian laws to safeguard Indian nationals against domestic violence, irrespective of geographical boundaries.
Our Role as Criminal Lawyers:
Our dedicated team of criminal lawyers specializes in providing legal services related to domestic violence, both in India and for Indian nationals abroad:
- Comprehensive Legal Representation: We ensure victims receive robust legal support and representation throughout the legal process.
- Victim Advocacy: Our lawyers advocate for the rights and safety of victims, prioritizing their well-being and recovery.
- Evidence Collection: We assist in gathering relevant evidence, including statements and documentation, to bolster the victim's case.
- Support Networks: Connecting victims with local support services and counseling etc if needed.
In conclusion, domestic violence is a critical issue that requires immediate and effective legal action. Our team of expert criminal lawyers is committed to supporting victims both in India and abroad, ensuring they receive the justice and protection they deserve.
If you are facing domestic violence or have questions about your legal rights, feel free to Contact Us or reach out by Email Us. Alternatively, you are welcome to book an Appointment or send us an online Legal Query.
