Can a Domestic Lawyer Near Me Help with Domestic Violence or Dowry Harassment Cases in India?
Living in the UK as an Indian can be exciting, but when marriage problems turn into legal trouble, it can be very stressful. Many people ask, “Can a domestic lawyer near me help if my case is in India?”
The short answer is yes, but only partly. A UK-based divorce lawyer can guide and support you in the UK. But cases like domestic violence or dowry harassment filed in India must be handled by an Indian lawyer.
How a UK Lawyer Can Help
When you look for divorce solicitors near me or family solicitors near me, your UK lawyer can help with:
- Divorce in the UK
- Child custody
- Money and property settlements
What Your UK Lawyer Can Do
Your UK divorce solicitor can:
- Apply for protection orders such as non-molestation or occupation orders.
- Handle your divorce process, including child and financial issues.
- Make sure you and your children are safe and supported.
What Your Indian Lawyer Handles
If your case in India involves domestic violence or dowry harassment, your UK lawyer can:
- Help you find a trusted Indian lawyer who knows about NRI family cases.
- Help with paperwork, translations, and documents needed in Indian courts.
- Work with your Indian family lawyer to keep your case running smoothly.
Indian Law: Bharatiya Nyaya Sanhita (BNS)
India has replaced the old Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita (BNS), 2023. It protects women against cruelty and dowry abuse.
- Section 85: Covers cruelty by the husband or his relatives. This includes mental or physical harm and dowry-related harassment. The punishment can be up to three years in jail and a fine.
- Section 80: Covers dowry deaths, with punishment from seven years to life in prison.
These laws help Indian women, even those living abroad, get justice if they face abuse or dowry pressure.
The Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 gives more support to women facing abuse. It allows you to apply for:
- Protection Orders to stop further harm.
- Residence Orders to help you stay in your home safely.
- Monetary Relief to cover financial or medical costs.
Your Indian lawyer can file these applications for you in court.
Key Court Ruling
In Satish Chander Ahuja v. Sneha Ahuja (2021), India’s Supreme Court ruled that a wife can live in her shared household, even if it belongs to her in-laws. This helps NRI women who are pushed out of their homes.
How Indian Courts Help NRIs
Indian courts can take up domestic violence or dowry harassment cases even if some of the abuse happened abroad. If you are an Indian citizen or if the problem affects your family or property in India, you can file your case there.
The Ministry of External Affairs (MEA) also runs an NRI Cell to help women get legal support and connect with Indian lawyers through embassies.
What to Do If You Are in the UK
- Stay Safe – Contact your UK lawyer for protection orders.
- Keep Evidence – Save messages, photos, and documents that prove abuse.
- Get Expert Help – Choose international divorce lawyers or family solicitors near me who know NRI cases.
- Act Fast – Don’t delay filing your case in India.
- Work Together – Keep your UK and Indian lawyers in touch.
- Plan Ahead – Discuss child custody and support with your family lawyer.
FAQs
1. Can I get divorced in the UK if my husband lives in India?
Yes. If you live in the UK, your UK lawyer can handle your divorce.
2. Will my UK divorce affect my dowry case in India?
No. Divorce is a civil matter. Dowry harassment is a criminal case in India.
3. Can I get legal aid in India while living in the UK?
Yes, but it may take time. You can also ask legal aid solicitors near me for help in the UK.
4. Where can I file a domestic violence case in India?
You can file it where you live, where your spouse or in-laws live, or where the abuse happened.
5. Can Indian courts take action for abuse that happened in the UK?
Yes, if you are an Indian citizen and the issue affects you or your assets in India.
6. How do I find the right lawyer for cross-border divorce?
Search for international divorce lawyers or divorce law offices near me who work with both UK and Indian cases.
7. What is Stree-Dhan and how can I get it back?
Stree-Dhan is jewellery, gifts, or money given to a woman at marriage. You can recover it under Section 316 of the BNS.
Final Thoughts
If you are an Indian living in the UK and facing domestic violence or dowry problems, remember that you are not alone. With support from a domestic lawyer in the UK and a trusted Indian lawyer, you can manage your case with confidence.
The right legal team can help protect your rights, your children, and your peace of mind.
About LawCrust
LawCrust Legal Consulting, part of LawCrust Global Consulting Ltd., is a top law firm helping NRI clients with cross-border legal issues.
We specialise in:
- Divorce and Family Law
- International Legal Consulting
- Litigation Finance and Management
We assist clients across London, Birmingham, Manchester, Leicester, Glasgow, Cardiff, and Edinburgh, our expert team of over 70 qualified lawyers delivers reliable support for NRIs dealing with Indian legal matters.
LawCrust Group also includes LawCrust Realty, LawCrust Ventures, LawCrust Hybrid Consulting, Gensact, LawCrust Foundation, and LawCrust Consumer Products.