NRIs Trapped in Domestic Violence Cases

From Dubai to Delhi, NRI domestic violence cases reveal a tangled web of law, emotion, and cross-border chaos. This deep dive exposes how justice meant to protect can sometimes become a weapon-leaving both men and women fighting unseen battles.

Introduction: The Double-Edged Sword of Domestic Violence Laws for NRI’s

When Protection Becomes a Weapon: The NRI Domestic Trap

Despite being intended to safeguard the weak, laws against domestic violence can occasionally be used as legal weapons in international marriage disputes, particularly when they are directed at non-resident Indians (NRIs). Imagine a scenario in which a minor argument between spouses turns into a multi-jurisdictional legal battle that causes severe emotional distress, threatens careers, and freezes assets overseas all before a court that hasn’t even looked at the facts on merits.

Jurisdiction becomes the first significant obstacle for NRIs. Even if the alleged incident happened thousands of miles away, Indian courts can still have jurisdiction when the complainant lives there. For legitimate victims, this clause rightly guarantees access to justice. However, it also opens the door for abuse, where fabricated or inflated accusations are used to sway custody disputes, postpone divorce agreements, or obtain financial advantage.

Many NRI men are caught up in this intricate system, dealing with problems in their personal, professional, and financial lives. Lookout Circulars could be issued, bank accounts could be frozen, and reputations could be damaged prior to a fair hearing. Despite being designed as a shield, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) is occasionally used as a sword to compel property transfers, secure lopsided custody, or just drag out legal proceedings to exhaust the opposing party. For many men, what begins as a marital disagreement can spiral into a nightmare criminal complaints, Lookout Circulars, and public humiliation long before they even get to tell their side of the story.

Even though these cases are still uncommon, their increasing occurrence highlights how improper use of protective laws can undermine the foundation of the legal system. As a result, there is a legal maze where innocent men fight for justice and real victims fight for protection. For NRIs, defending themselves from overseas becomes a test of fortitude, reputation, and faith in the system in addition to a legal one.
To find out more about the legal process, necessary safety measures, and useful advice on how men can defend themselves in these circumstances while maintaining the fairness of justice for all, continue reading.

Filing Domestic Violence from Abroad comes with chaos

For NRIs, proving abuse is only one aspect of domestic violence litigation; another is negotiating a complicated web of international law, jurisdiction, and logistics. When one party resides abroad, a domestic dispute that might be simple in India frequently becomes a cross-border legal maze.

Where Can the Case Be Filed in Jurisdiction?

Even if the respondent is overseas, Indian courts have the authority to hear cases if the person who was wronged lives in India. For real victims, this guarantees access to justice, but it puts NRIs in a difficult position. There are queries in minds of people that:

• Which court has authority if the abuse occurred abroad?
• How are summons and notices served internationally?
• What happens if the respondent refuses to appear?

The solution is found in procedural law, which can take months or even years to implement and frequently involves letters rogatory, consular channels, or court-appointed advocates.

The First Obstacle is: Serving Notices

It takes more than just putting a paper in the mailbox to serve a respondent who lives abroad with a legal notice. It might call for:

• Coordination with the Indian Ministry of External Affairs
• Assistance from the Indian embassy or consulate
• Compliance with the foreign country’s legal procedures

Even minor mistakes in this process can delay the case indefinitely, sometimes allowing false allegations to gain temporary legal leverage.

Enforcing Orders Across Borders

• Suppose the Indian court grants a protection or maintenance order. Enforcing it abroad is another battle. Not all foreign jurisdictions recognise Indian domestic violence orders.
• Accessing bank accounts, property, or custody arrangements may require foreign court recognition.
• Delays in enforcement can cause emotional, financial, and reputational damage, particularly to NRI men accused without substantial proof.

The Human Toll

Stress is increased by the cross-border nature of these cases.

• NRIs frequently encounter: isolation, being separated from family support by thousands of miles.
• Strain on finances and handling legal fees across several nations.
• Career risk, particularly for well-known people whose reputations may be damaged by allegations.

The Controversial Reality

Although the goal of the legal system is to protect victims, abuse of the law itself can occasionally be made possible by its intricate procedures. Because the respondent is abroad and unable to reply right away, false or inflated claims spread. Concern over this “protection-turned-leverage” situation is growing in NRI domestic conflicts.

Digital Evidence or Digital Deception? The Proof Dilemma

The battleground in NRI domestic violence cases is the evidence, and it is becoming more and more digital. WhatsApp messages, emails, call logs, social media posts, and other electronic documents are frequently accepted as evidence in court. The problem is that, although these tools can be used to defend real victims, they can also be used to falsely accuse foreign responders, putting NRI men at risk of severe legal and reputational consequences.

The Law’s Position:

Section 3, PWDVA (2005): Defines types of abuse courts can consider which are:

• Physical
• Emotional / verbal
• Sexual
• Economic

Section 22, Indian Evidence Act: Courts can admit the following as evidence:

• Medical reports
• Witness statements
• Digital communication (WhatsApp, SMS, email)
• Photos, videos, and bank statements

Submission and Scrutiny of Evidence in NRI Cases

• Filing the Complaint (Section 12, PWDVA): The aggrieved party files in Family Court or Magistrate Court. Must attach proof of domestic relationship, abuse, and digital evidence.
• Serving the Respondent (Section 13, PWDVA): Summons can be sent internationally via diplomatic channels or registered courier. Ex-parte orders may be issued if the respondent doesn’t appear, giving temporary power to the complainant.
• Interim Relief (Section 23, PWDVA): Protection orders, residence rights, and monetary relief can be granted immediately based on prima facie evidence.
• Verification & Cross-Examination: Courts scrutinize digital evidence for authenticity. NRIs should hire advocates familiar with electronic verification or request forensic validation.

Actual Dangers to NRI Men

• Manipulation Risk: Screenshots may be changed, digital accounts compromised, or messages sent out of context.
• Ex-parte Orders: Before the accused is even aware of it, courts may grant protection or residency orders, which may limit their freedom of movement or freeze their assets.
• Delayed Defence: The complainant has a tactical edge because cross-border verification takes time.

A Survival Tip for all NRI men:

Digital evidence has two sides it can be used to establish guilt or establish innocence. For NRI men: Keep all of your documents, call logs, and messages safe. Think about forensic verification of important evidence. Steer clear of emotional responses on digital platforms because anything you post online could be used against you in the future.

Although courts are becoming more conscious of these risks, NRIs need to be proactive, careful, and strategic when it comes to digital proof until the system completely changes.

Digital Traps That Can Ruin Your Life – And How NRI Men Can Fight Back

In the age of WhatsApp, Instagram, and Snapchat, one screenshot or forwarded message can spiral into a full-blown domestic violence case especially if you’re thousands of miles away. For NRI men, digital evidence is not just proof; it can be a weapon in someone else’s hands.

• Stop, Don’t React Online: Never reply to provocative messages or accusations on WhatsApp, social media, or email. Emotional reactions are admissible evidence against you. Screenshots of angry texts can become your worst nightmare.
• Document Everything: Every conversation, call log, email, and receipt. If possible, preserve original files and metadata for forensic validation.
• Protect Your Professional Life: Avoid social media posts about the case – public commentary can be misused.
• Cross-Border Proof Verification: Consider digital forensics for critical WhatsApp, email, or social media evidence. Counter any doctored screenshots or messages with verified copies. Keep a timeline of events with supporting evidence; it’s your strongest defence.
• Treat digital communication like landmines: one wrong step can trigger legal consequences. Think before you type, preserve everything, and fight smart, not fast.

Relief or Leverage? How Legal Provisions Can Be Exploited

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was designed to give victims of abuse instant protection and assistance. It guarantees remedies like financial aid, custody support, residence rights, and protection orders. For real victims, these provisions are a lifeline, but they can also be used as tools of control or retaliation, especially in NRI marriages where men face particular jurisdictional and logistical difficulties.

One party has a lot of power because Indian courts frequently have the authority to issue orders even when the alleged acts occurred overseas. Due to delayed communication, international procedures, and the inability to physically appear in Indian courts, NRI men frequently experience biassed results long before the case’s merits are even taken into account.

1. Protection Orders (Section 18)

Protection orders, which can even be granted ex-parte based on preliminary claims, give the courts the authority to prevent the respondent from getting in touch with or entering the shared residence. For instant protection, this mechanism is essential, but when abused, it turns into a potent weapon.

Before their voice is heard, NRI men may experience travel restrictions, asset freezes, or damage to their reputation due to delayed notice or lack of representation. Even if the accusations are later proven false, the stigma associated with a “protection order” can affect one’s reputation in the workplace and in the family.

In Suman Dutta v. State of West Bengal (2023), the court emphasised that such orders must be based on verified facts, recognising the risk of long-term damage from untested allegations particularly in cases involving NRIs.

2. Residence Orders (Section 19)

Regardless of ownership, this clause guarantees the resentful party the right to live in the shared household, and the court has the authority to order the respondent to leave the property. Although it protects real victims, men who are abruptly denied access to their homes or properties may experience severe hardship as a result of misuse.

When ex-parte residence orders are issued without hearing their side of the story, NRI husbands in particular may find themselves unable to access their own properties in India or overseas. Men are under tremendous pressure to make financial concessions when these orders are used as negotiating tools in divorce or property settlements.

In Roxann Sharma v. Arun Sharma (2015), the Supreme Court advised caution, noting that residence orders in cross-border disputes should not be issued automatically and must be supported by credible evidence.

3. Monetary Relief and Compensation (Sections 20 & 22)

In order to ensure that a person who has been wronged is not left penniless, financial support is essential to the PWDVA’s mission. Claims that are overstated or founded on insufficient information, however, may place unjustified demands on the respondent.

NRI men frequently receive maintenance or compensation that is insufficient to cover their true financial situation or the cost of living in their foreign country. Courts have occasionally ordered the freezing of foreign bank accounts or properties, which can completely stop a person’s ability to make a living.

The Supreme Court, in Manoj Dhankar v. Neeharika & Ors (2025), emphasised that courts must evaluate the respondent’s global financial status before deciding on maintenance. The judgement reflects growing judicial awareness that financial fairness is essential to true justice, not one-sided liability.

4. Custody and Visitation Orders (Section 21)

Although the goal of custody and visitation orders is to safeguard children during domestic conflicts, in reality, they are frequently impacted by ongoing accusations of domestic abuse. Even in the absence of evidence of wrongdoing, a man may be temporarily denied custody of his child when confronted with an unsubstantiated allegation.

This separation is devastating for fathers who are non-resident Indians. Regular contact is practically impossible in long-distance litigation, and the other party may use custody as leverage to get settlement concessions. Both the father and the child may suffer severe emotional harm until the court confirms the accusations.

The Larger Problem: When Protection Turns to Punishment

In order to give women who are victims of domestic abuse immediate civil remedies and protection, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) was passed. Its goal was remedial, not punitive; it was to give the harmed party their economic security, safety, and dignity back. But as time has gone on, some abuse trends have surfaced, especially when it comes to international marriage disputes involving Non-Resident Indians (NRIs), where the protective framework is occasionally used as collateral.

Even before adjudication, the procedural protections provided by the law may unintentionally act as a kind of punishment for NRI respondents, who are typically men. In a number of instances, the process itself has turned punitive due to jurisdictional reach, ex parte protection orders, and the issuance of Lookout Circulars (LOCs) or Non-Bailable Warrants (NBWs). Respondents are forced to defend themselves internationally, frequently without adequate notice or legal counsel, when the alleged acts took place outside of India but Indian courts have jurisdiction based on the complainant’s residence.

There are several repercussions that follow. Damage to one’s reputation and career frequently comes before any court decision. Procedural disadvantages arise from the inability to physically attend proceedings, and interim orders which are occasionally issued based on unconfirmed statements may lead to asset freezing, home eviction, or parental access restrictions. Despite their protective intent, these policies may become oppressive if the underlying accusations are not proven to be true.

Numerous rulings have demonstrated the judiciary’s concern over this kind of abuse. The Supreme Court emphasised in Rajnesh v. Neha (2020) that fairness must be the guiding principle at every stage of adjudication and that financial information must be disclosed, verified, and made transparent before monetary relief is granted. In a similar vein, the High Court emphasised in Suman Dutta v. State of West Bengal (2023) that protection orders must be founded on an initial evaluation of the evidence and should not be granted automatically. These court rulings demonstrate a growing understanding that procedural excess cannot be justified by the object of protection.

Finding a balance between protecting real victims as quickly as possible and preventing abuse is the bigger problem. The lack of uniform procedural safeguards, particularly when it comes to NRIs, has produced an unfair playing field where protecting one’s rights becomes unduly difficult. Therefore, even though the PWDVA’s statutory intent is still admirable, its implementation must change to comply with the constitutional guarantees of equality, fairness, and due process. The presumption of guilt cannot be used by the law; instead, it must guarantee that the complainant and fair consideration is given to the respondent. True justice is served not merely by protection, but by protection that is lawful, proportionate, and evidence-based.

The Silent Victims: Men Caught in the Crossfire

Although India’s domestic violence laws were created to shield women from abuse, there is growing concern about how these laws are being used against men, especially non-resident Indians. Even before the facts are completely confirmed, men may be exposed to financial, emotional, and reputational harm due to cross-border litigation, ex parte orders, and the difficulty of enforcing laws internationally.

Alleged Violation of the Law

• Ex parte protection and residence orders: On the basis of presumptive evidence, courts frequently provide the harmed party with immediate relief. Temporary orders may be abused as leverage in divorce or property disputes if the respondent, who is frequently an NRI man, is overseas and unable to appear on time.
• Even NRIs who earn money abroad may be subject to maintenance claims under Section 125 CrPC. Although meant to provide evidence, exaggerated statements or untrue accusations can create undue financial burden.

Emotional and Professional Toll

Emotional and Professional Toll

• Being away from their homeland causes them to feel stressed and alone.
• harm to one’s professional reputation, particularly for well-known people whose careers rely on public confidence.
• emotional distress, such as separation from kids as a result of short-term custody or visitation limitations.
• Many men report that false allegations trigger immediate court orders restricting their access to children or assets, even before they have a chance to defend themselves.

Custody Battles and the Gender Bias Debate

• Given that children benefit from having both parents, courts are increasingly giving fathers custody or visitation rights. Well-known decisions, such as Master Ritesh (Delhi HC, 2018), encouraged 50/50 custody sharing and emphasised that a parent cannot be denied access based only on accusations.
• Nevertheless, cross-border disputes provide the party filing in India with a short-term advantage, underscoring the necessity for NRI men to exercise caution and readiness.

False Allegations, Real Consequences: The Cost of Misusing Protection Laws

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was envisioned as a lifeline for women suffering within the four walls of their homes. However, in recent years, the law has faced criticism for being used not as a shield, but as a sword especially in matrimonial disputes involving Non-Resident Indians (NRIs). While genuine cases of abuse must always be met with firm legal action, false or exaggerated allegations have become a disturbing trend that can destroy reputations, careers, and families long before the truth emerges.

The Legal Reality: One Complaint Can Change a Life

Under PWDVA, the moment a complaint is filed, courts can issue ex-parte protection, residence, or monetary orders even without hearing the respondent. For NRI men living thousands of miles away, this can mean: Frozen bank accounts in India, Seizure of property or residence, Summons issued through embassies, and Immediate reputational harm in both countries. Even if the case is eventually dismissed, the damage is already done both socially and emotionally.

Section 498A IPC & the Domino Effect

The overlap of Section 498A of the Indian Penal Code (cruelty by husband or relatives) with PWDVA creates a double blow for NRI men. A single complaint can lead to: Arrest warrants, Lookout circulars (LOCs), Suspension of passports, and Red notices through Interpol.

Rajesh Sharma v. State of U.P. (2017) 8 SCC 746 – The Supreme Court acknowledged the misuse of Section 498A, directing the formation of Family Welfare Committees to screen complaints before arrests. The Court warned that “law, which is meant to protect the vulnerable, should not be misused to terrorize the innocent.” However, despite these checks, many NRIs still face immediate coercive action before they can even respond.

Judicial Recognition of Misuse in PWDVA

Courts across India have begun recognizing the pattern of false or exaggerated claims under PWDVA. These observations reflect a slow but steady judicial awakening toward balance and fairness.

1. Smt. Reshma Begum v. State of Karnataka (2020) – The Karnataka High Court observed that “laws for protection cannot become instruments of personal vendetta.”
2. Suman Dutta v. State of West Bengal (2023) – The Calcutta High Court noted that courts must ensure domestic violence petitions are not filed as extensions of property or custody battles, particularly in NRI marriages.

The Collateral Damage: Careers, Families, and Children

False allegations often inflict irreversible harm like mentioned below even when proven baseless:

• Career Collapse: For NRI men working in sensitive sectors (tech, finance, diplomacy), even an unverified complaint can trigger suspensions or visa issues.
• Emotional Fallout: Being branded an “abuser” creates social stigma that isolates men and their families.
• Impact on Children: Many children grow up estranged from their fathers, caught in the emotional tug-of-war between parents.

The Cost of Legal Misuse

False allegations consume judicial time, public money, and emotional energy that could have been spent helping genuine victims. The Supreme Court in Preeti Gupta v. State of Jharkhand (2010) 7 SCC 667 observed that “a serious relook of Section 498A is warranted as its misuse leads to social unrest.” The Court added that false cases trivialize real suffering, undermining the very intent of protection laws.

In NRI contexts, misuse leads to international embarrassment, extradition battles, and broken bilateral trust between nations.

The Road Ahead: Accountability and Legal Reform

• Penalizing False Complaints: Section 211 IPC and Section 250 CrPC allow punishment for false charges, but are rarely invoked. Courts must enforce them more rigorously.
• Gender-Neutral Reforms: The growing demand for gender-neutral domestic violence laws aims to ensure equal protection for all victims—regardless of gender.
• Mediation and Digital Hearings: NRIs should have access to virtual hearings and neutral mediation to prevent procedural abuse.

Rising Numbers, Rising Noise: The Statistics of Domestic Violence Litigation

Over the past ten years, there has been a notable increase in both contested and legitimate domestic violence cases filed with India’s courts. Domestic violence cases under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) have steadily increased by 25–30% annually, according to data from several High Courts and the National Crime Records Bureau (NCRB). Section 498A IPC and PWDVA together received nearly 4.5 lakh complaints of domestic abuse and violence in 2023, a 28% increase from 2018.

The cases involving NRIs and urban districts have increased the most, with many petitions filed from overseas via power of attorney or through Indian relatives. Between 2017 and 2024, the Ministry of External Affairs (MEA) recorded more than 13,000 matrimonial complaints involving NRIs, the majority of which concerned claims of domestic violence, dowry harassment, or maintenance. These figures highlight how domestic conflicts have evolved into cross-border legal hotspots, entangling families and countries in protracted legal proceedings.

The Silent Aspect: The Increase in Male Victimisation

Although statistics on male victims are still underreported, there is a growing body of evidence and judicial recognition that men are also being abused emotionally, physically, and psychologically, often with no specific legal remedy.

According to surveys by the Men Welfare Trust and the Save Indian Family Foundation (SIFF), nearly one in three men in urban India reported having experienced emotional or domestic abuse, but only 3% ever reported it for fear of ridicule or legal consequences. Over 4% of men reported having been victims of spousal violence, according to the National Family Health Survey (NFHS-5), a statistic that is generally thought to be underreported.

Men are particularly vulnerable in NRI disputes because of coercive settlements to “buy peace,” loss of parental rights, and being trapped overseas by false cases filed in India.

Reality Check: A Law Tilted by Fear

India still lacks the following in spite of these trends. A law against domestic abuse that is gender-neutral, systems of shelter or assistance for male victims, and procedures specifically designed to address false complaints. A one-sided narrative has resulted from this imbalance, in which every accusation is taken at face value and every defence seems like an excuse.

The question facing lawmakers becomes more pressing as more NRI men come forward and data keeps growing – “If half of the victims are not visible, can we still call it justice?”

Accused abroad? Why Every NRI Man could be a target and what to do if you are accused

What Men Should Immediately Do If Accused? It can be extremely stressful for any NRI man to deal with a domestic violence accusation, especially if it comes from overseas. To safeguard your freedom, rights, and reputation, you must act quickly, calmly, and legally. Here is a detailed guide for all the NRI men’s:

1. Avoid Emotional Reactions and Remain Calm: Avoid reacting hastily to calls, messages, or posts on social media. Emotional responses could be used against you in court if they are misconstrued as abuse or aggression. Even when speaking with friends or family, keep your tone neutral.
2. Engage a Competent Lawyer Immediately: Hire an experienced family law attorney who understands both Indian domestic violence laws and NRI-specific cross-border complications. Early legal intervention can prevent ex parte orders and ensure your side is represented before interim decisions are made.
3. Consider Filing for Anticipatory Bail: If there is a risk of arrest under 498A IPC or related domestic violence provisions, apply for anticipatory bail proactively. This protects you from sudden detainment and helps maintain stability in your personal and professional life.
4. Coordinate with the Indian Embassy or Consulate: Notify your nearest Indian diplomatic mission about the allegations to get procedural guidance and support. Embassies can assist in serving legal notices, verifying documents, and communicating with courts or authorities in India.
5. Inform Your Employer Discreetly (If Necessary): If legal proceedings may impact travel, visas, or employment, inform your employer discreetly to avoid sudden career disruption. Keep communications professional and avoid oversharing details that may escalate reputational risk.
6. Keep All Records Safe: Save copies of all digital communications that are pertinent to your defence, including emails, messages, financial transactions, and trip logs. Keep backups safe and arrange them chronologically; these documents may be essential for refuting unfounded accusations.
7. Seek Psychological and Emotional Assistance: Cross-border legal disputes and false accusations can have a serious negative psychological impact. Use NRI support groups or online counselling services to reduce stress and keep your head clear throughout the process. Your capacity to react rationally and persuasively in court is strengthened by emotional stability.
8. Leveraging Technology: Use video calls, digital notarisation, and e-courts to actively participate in proceedings without travelling. Ensure all digital evidence is forensically verified to prevent claims of manipulation.
9. Pre-emptive Planning: Appoint a trusted representative Power of Attorney (PoA) in India to act on your behalf for court submissions and appearances. Keep a legal kit ready like affidavits of finances, property, travel, and evidence of good character.
10. Understand procedural loopholes: Sometimes minor delays in notice service or embassy communication can be leveraged legally to ensure fair representation.
11. Custody and Family Strategy: Keep records of your interactions with your kids, including visits, correspondence with the school, and financial assistance. Respectfully comply when submitting your legal challenge if the other parent is granted temporary custody; hostility or non-compliance may make your case worse.
12. Protect Your Money: If there is a chance that your assets could be frozen, let your bank and accountant know. Have documentation of your foreign earnings and outlays on hand so you can prove your financial situation in court. Steer clear of making abrupt large-scale transfers as this could be interpreted as an attempt to circumvent court orders.
13. Record-keeping and Preservation of Evidence: Keep track of both digital and physical documents, including financial statements, call logs, emails, WhatsApp messages, travel logs, and property ownership. Important documents should be notarised or embassy-certified to guarantee authenticity. Maintain a daily log of all conversations; in protracted legal disputes, even the smallest details count.

Judicial Trends and Safeguards for Men and NRIs

Although the Protection of Women from Domestic Violence Act, 2005 (PWDVA) is welfare legislation, Indian courts have gradually recognised that the respondent must not suffer substantive or procedural injustice as a result of its implementation. In the last ten years, judicial trends have started to show a growing understanding of the need for balance, making sure that the law protects abuse victims without allowing it to be abused as a tool of harassment or coercion by following ways:

1. Emphasis on Procedural Fairness and Due Process

The judiciary has repeatedly reaffirmed that proper prima facie scrutiny is necessary before granting any protection order or temporary relief. In Suman Dutta v. State of West Bengal (2023), the High Court observed that “the urgency of protection cannot override the necessity of verification.” Similarly, courts have discouraged the mechanical issuance of ex parte orders that may unduly prejudice the respondent, particularly those residing abroad.

In Rajnesh v. Neha (2020), the Supreme Court laid down comprehensive guidelines mandating both parties to disclose their income, assets, and liabilities through affidavits. This ensures transparency and prevents inflated or fabricated claims for maintenance and compensation. The ruling emphasised that fair adjudication must rest on verified data rather than assumption or emotional narrative.

2. Recognition of NRI-Specific Challenges

Courts have also recognised the unique difficulties faced by non-resident Indian respondents who are required to defend themselves in Indian proceedings. Jurisdictional and logistical barriers often put them at a disadvantage, resulting in court orders to adopt new technology and procedures. NRIs can now testify remotely and participate in hearings since several High Courts have permitted participation through video conferencing. For instance, when the respondent shows a genuine desire to participate in proceedings, the Delhi High Court has repeatedly emphasised the importance of permitting virtual appearances and avoiding needless coercive measures.

Additionally, courts have called for the gradual issuance of Lookout Circulars (LOCs) and Non-Bailable Warrants (NBWs), particularly in situations involving marriage or domestic abuse. The judiciary has made it clear that such measures should be viewed as last resorts rather than tools of leverage, especially when the accused or respondent resides lawfully abroad and is willing to cooperate with the process.

3. Shift Toward Gender-Neutral Interpretation

Recent judicial observations and Law Commission discussions have shown growing support for gender-neutral approaches to addressing domestic abuse, despite the PWDVA being a gender-specific statute. The judicial discourse now acknowledges that men can also suffer from emotional, financial, or psychological harm.

In a number of decisions, High Courts have stated that fabricated or overblown allegations damage the reputation of real victims and constitute procedural abuse. This changing viewpoint reflects a significant change in jurisprudence: a move away from a gender-based presumption of victimhood and towards an emphasis on objective facts and evidence.

4. Balancing Welfare and Accountability

The way the judiciary currently operates is an attempt to strike a balance between procedural protections and welfare goals. Before enforcing coercive orders, courts are now demanding documentation, cross-verification, and mediation. In recognition of the harm that false cases cause to both people and the integrity of the legal system, some benches have also suggested costs or penalties for pointless litigation.

These developments represent slow but significant progress, especially for NRI men. The Act’s spirit of protection is maintained while the innocent are protected thanks to the judiciary’s insistence on justice, openness, and proportionality.

Thus, a significant shift from a presumption-based to an evidence-based justice framework is represented by the recent judicial trend. In order to prevent protection from turning into persecution, Indian courts are redefining the way domestic violence cases are handled by placing a strong emphasis on fair procedure, validated documentation, and digital accessibility. In the end, this development is indicative of a developing legal system one that protects the rights of actual victims while also protecting the innocent from unintentional harm.

Conclusion: Justice Without Borders, Fairness Without Bias

The purpose of domestic violence laws was to safeguard the weak. They can occasionally feel like a legal guillotine swinging across continents to NRI men. Before a single fact is even confirmed, a single false accusation has the power to ruin careers, freeze bank accounts, ground passports, and make a tranquil life overseas into a nightmare.

Although the goal of the law is admirable, the reality is harsh: courts have the authority to issue custody, residence, or ex-parte protection orders, leaving men defenceless while the system proceeds at its own speed. Being abroad can render the truth meaningless, and distance turns into a weapon. In the meantime, families are split apart, reputations are destroyed, and severe emotional wounds result. Recent rulings like Rajesh Sharma v. State of U.P. (2017) and Manoj Dhankar v. Neeharika (2025) show that Indian courts are slowly waking up to this imbalance emphasising due process, verified evidence, and mediation. But for many NRI men, the damage is done long before justice can catch up.

It’s time to face reality: laws against domestic abuse cannot be one-sided. Men are also victims, and when the law is used as a weapon, it ruthlessly destroys families, careers, and lives. India requires an evidence-based, gender-neutral system that treats false accusations with the same gravity as abuse. Justice cannot stay at home in a world where marriages take place across oceans. The balance must be in favour of justice rather than fear, regardless of whether the husband is being accused from Dubai or the wife is submitting a claim from India. Because true empowerment is about avoiding destruction before you have a chance to defend yourself, not about winning. Instead of being automatically guilty and subjected to constant harassment, NRI men should be protected, understood, and respected. Laws are failing everyone if they protect one gender while neglecting the other. It’s time the system became what it was intended to be a shield for everyone instead of a sword in the hands of the dishonest.