Skip to content
Home » Insights » How to Register FIR Against Your Spouse Living Outside India

How to Register FIR Against Your Spouse Living Outside India

How Can You File an FIR Against Your Spouse Living Outside India for Domestic Violence?

A Path to Safety Across Borders

Domestic violence is a heavy burden to carry, and it feels even heavier when your spouse lives thousands of miles away. You might worry about your home, your children, and how you will survive financially. Many women stay silent because they think distance gives their husband a “free pass” to be abusive. This is not true. Whether your spouse is in the UK, USA, Canada, or Dubai, the law in India still protects you. Filing an FIR against an abusive partner is your legal right and the first step toward getting your life back. Distance does not mean you are helpless; it just means you need to use the right legal tools to reach across the map.

Why Filing an FIR is Your Strongest Move

When you file an FIR against your spouse, you are not just “complaining.” You are starting a formal legal machine that the police and courts must follow. While some people suggest talking it out or mediation, these rarely work when a spouse is abroad. They might use the distance to ignore your calls or control your money. A registered FIR against them creates a permanent record that they cannot run away from. It shows the world that their actions have consequences.

Why this works better than silence:

  • Official Record: It creates a legal history of the abuse that helps in future court cases.
  • Police Power: It allows the police to start a real investigation, even if the person is not in India.
  • Financial Leverage: It makes it much easier to claim maintenance and get back your jewellery or assets.
  • Travel Control: In serious cases, the government can stop them at the airport or cancel their passport.

The Legal Rules in 2025: BNS and Your Rights

The laws in India have recently changed to become more modern. The old IPC Section 498A is now handled under the Bharatiya Nyaya Sanhita (BNS). Specifically, Section 85 and Section 86 of the BNS deal with cruelty by a husband or his family. Cruelty is not just physical hitting. It includes mental torture, emotional abuse, and “economic abuse”—which means stopping you from having money or a place to live. Even if the shouting or the hurt happened in a foreign house, you can file an FIR against him in India because the pain and the results of that abuse are still affecting you here at home.

Step-by-Step: How to Register the FIR

1. Visit Your Local Police Station

Go to the police station nearest to where you are living now. You do not have to travel to the city where you were married. Most big cities now have special “Women’s Cells” where female officers can help you file the FIR against your spouse in a private and safe way.

2. Tell Your Story Simply

When you write your complaint, be clear. Explain how the abuse started, what happened abroad, and how he is still harassing you now (through phone calls, emails, or by withholding money). The police must register your FIR against the accused if your story shows that a crime happened.

3. Show Your Proof

Bring everything you have. This includes:

  • Photos of any injuries.
  • Screenshots of threatening WhatsApp messages or emails.
  • Records of bank transfers or messages where he refuses to give you money.
  • Your marriage certificate and a copy of his passport if you have it.

4. Police and International Action

After you file the FIR against him, the police can involve the Ministry of External Affairs. If he refuses to come to India to answer questions, the court can issue a “Look-out Circular.” This means the moment he lands at any Indian airport, the police will be alerted.

Real Life Story: A Win for Justice

Consider the case of a woman named Kaur. She lived in Australia with her husband but was treated poorly and eventually sent back to India without her belongings. She didn’t give up. She filed an FIR against her husband at her local station in Punjab. The Indian courts ruled that because she was suffering mentally in India, they had the right to take the case. The husband was forced to return her “Stree-dhan” (jewellery and gifts) and pay for her monthly expenses. The FIR against him was the key that opened the door to her freedom.

Common Questions You Might Have

1.Can the police say “No” because he is in another country?

Ans: No, they cannot. If you are being hurt or harassed, the police are legally required to file the FIR against the person responsible, regardless of where that person sleeps at night.

2.Is it still abuse if he doesn’t hit me?

Ans: Yes. Mental cruelty, like calling you names, threatening to take your kids, or stopping you from using money, is a crime. You can file an FIR against him for these actions.

3.What if he never comes back to India?

Ans: The law has ways to deal with this. His passport can be impounded, and he can be declared a “Proclaimed Offender.” This makes it very hard for him to stay legally in a foreign country or renew his visa.

Reclaiming Your Life

Taking the step to file an FIR against a spouse is brave. It signals that you are no longer a victim, but a person standing up for her rights. Indian law is designed to protect you, and the geographical gap is not as wide as it seems. With the right legal support and a clear record of the truth, you can secure a future that is safe, stable, and peaceful.

About LawCrust Legal Consulting

LawCrust Legal Consulting, a part of LawCrust Global Consulting Ltd., stands as one of India’s trusted names in legal and consulting services. Our team works across a wide range of areas to support both businesses and individuals.

We offer services such as litigation finance, legal protection, litigation management, startup support, fundraising guidance, hybrid consulting, mergers and acquisitions, insolvency & bankruptcy, and debt restructuring.

We also help people with matrimonial matters, property disputes, criminal cases, civil issues, immigration concerns, NRI legal support, society matters, and estate planning. Along with this, we provide ALSP and LPO services to clients in India and overseas.

Our network includes more than fifty offices across India and a team of over seventy specialised lawyers. This helps us offer steady and reliable support for many legal needs.

You can also use our legal app to connect with lawyers quickly. It is one of the most helpful legal apps available, so feel free to download it.

LawCrust Groups also includes several companies such as LawCrust Realty, LawCrust Ventures, LawCrust Hybrid Consulting, Gensact, LawCrust Foundation, and LawCrust Consumer Products.

Need Legal Help? Contact Us

You can reach us anytime for expert legal support.

Tags:

Leave a Reply

Your email address will not be published. Required fields are marked *