1) husband can continue to stay abroad

2) personal presence is not necessary in DV case , sufficent if he is represented by lawyer 

3) you cnnaot force husband to come back to india 

4) his passport would not be impounded for pending DV case 

1. See court can take steps to revoke passport if the husband is not returning the court has power for same.

2. See it would be better if your pray before court to take steps and further file an application with ministry ofExternal affairs.

.3. File an application with MEA.

4.The court can revoke the passport. 

Dear Client,

Nothing like such thing, impounding of passport depends on case to case. IF he not appear before court than his passport will impound.

Once criminal case will file, he will be force to return back.

Red corner notice will issue.

Here are your answers:

1. No. Only his Bail surety will be high amount with additional conditions/personal bond. Chances of impounding of passport is very bleek.
2. In your sister's case make the in-laws party to DV case. So, once you have others it will not be long be long before he turns up.
3. Answered in 2. above. Additionally follow-up with your Advocate and take shorter dates.
4. DV case is a Quasi-Criminal and Quasi-Civil case i.e. it's not completely criminal case. Police, Arrest, etc. will be involved only if the court order is disobeyed. Unilike a pure Criminal case NBW will not be issued for non appearance. Had it been a 498A, then the gravity would be high. And embassy etc. will not be informed...Come on he is not a terrorist. Is he?

Perhaps I can explain it better over call.

1. That's not true.

2. Lodge a 498a FIR and let Police investigate the matter and file its report. 

3. He will never come back to India if you do nothing. File a DV case along with a FIR under 498a.

4. A look out notice will be issued against him, if he fails to turn up despite receving the regular notice sent by the local courts in India.

1. No, it is not true. No case debars a person to stay abroad . Ony at certain stages his physical presence is required.

2.  Your sister can file a case under section 498A so to take bail her husband will have to come to india and to go abroad he requires special permission.

3. same as above.

4. The court can issue warrant of arrest and then red corned notice and then delcare him as procalied offender. Even LOC can also be issued.

In the meantime file a Transfer petition in supreme court to get the suit transferred from Pudducherry to Bengaluru.

Dear Sir/Madam,

My answers are as follows:

1)        We heard that once DV is filed, her husband cannot stay anymore abroad and he has to return to india. Is that true?

Ans: No, if he is in India then you must get an Court order restraining him from going abroad.

2)        Do we need to complain somewhere or do anything to bring her husband back to india or the court will take care?

Ans: Yes, you have many options like through Court orders, Ministry of  External Affairs etc.,

3)        If we have to do anything, what is that we have to do to bring him back to India?\

Ans: You have to do a lot of home work step by step which cannot be spelled out in one or two sentences.

4)        If court will take care, then what is that court will do? Will the Indian embassy in other country will be informed for cancelling his Visa or his passport will be suspended? what exactly will happen?

Ans: It can be done through Court orders only.

1. No, it is not true.

2.if there is any criminal case pending against him and chargesheet has been filed then you may file an application before passport officer and start proceedings for impounding his passport.

3.as above.

4.as above.

Feel free to call 

If any crime is committed in India or any crime committed by Indian in any part of the world can be investigated and punished in India.

You can file domestic violence case in India but that does not mean that he will be forced to come back to India that he will contest acquisitions.

Hindi domestic violence case if it is investigated by the police and it is proved then he can be called to appear before the court and his passport can be in pound but he can go to the court and ask for the anticipatory bail in this regard.

Please remember that when you are approaching to airport your intentions must be right and go with the clean and hand.

In DV case his presence would be required by court at the time of his evidence.

Dear Querist 

The DV court has no power to direct him to come to India personally, if his lawyer is appear before the court 

Thanks for your appreciation 

1. It is absolutely untrue that the husband can not stay abroad and shall have to return to India if DV case is filed against him. After receiving the notice, he can engage a lawyer by signing the Vakalatnama duly notarising his signature on it before the approperiate officer of the Indian Consulate of his place.

2.The DV case to be filed will be heard and adjudicated by the Court and the main objective of the matter is not for bringing him back to India. he shall have to come when asked by the Court for giving evidence, if requred.

3. If your sister lodges a police complaint u/s498A of IPC and manages to register FIR against her husband, then he shall have to return to India for availing anticipatory bail from the Court.

4. His passport will not be cancelled unless there is a court order which will not be passed after your sister files the DV case. vISA IS issued by foreign county's consulate on which our Court has no jurisdiction.

The procedure doesnot happen automatically you need to put in efforts and pray for court court orders there is no direct provision in DV act section 10 of Passport act has to be used.

it's not true,He can stay aboard

Only by filling criminal case force him to come back, otherwise you can't force

Only by pending divorce case passport and visa can't be suspended and cancelled byembassy 

If your intention is not bring your sister's husband back to india forcefully then proceed with love 

If any conflict between families then resolve it,

DV act can't allow all these things to happen, he can give PoI to represent him not necessarily his presence in every hearing 

Dear Madam,

You must file and proceed with DV case. Under section 31 of DV Act court can frame charges for 498A of IPC also and ultimately convict the accused if you provide the evidence.  The court may issue summons/NBW through following authorities and husband many be brought to India.

http://www.mea.gov.in/mlatcriminal.htm

In India, all requests for service of summons/notices/judicial processes on persons residing abroad should be addressed to the Under Secretary (Legal), IS-II Division, Ministry of Home Affairs, 9thFloor, Lok Nayak Bhawan, New Delhi – 110003.

For further details, consult the website of the Ministry of Home Affairs: (http://mha.nic.in/Policy-Guidelines)

Section 31 in The Protection of Women from Domestic Violence Act, 2005

31. Penalty for breach of protection order by respondent.—

(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.

(3) While framing charges under sub-section (1), the Magistrates may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.

If he will not appear in court in criminal case, police will process to impund his passport.

1.  You have been misinformed about this, he may not come to India to attend the DV case, even if your sister is getting an exparte order against him, she cannot enforce the order if he is staying in abroad, hence dont believe the rumours.

2.  No, you cannot get him extradited to India for this purpose even if you obtain a court order for this, it is not an easy task to get an expatriate extradited to india for the purpose of matrimonial disputes.

3. You discuss with your advocate for filing appropriate petition before the concerned court.

4.  The court has no power to issue orders for cancelling his visa or to suspend the passport. The laws are within India alone. The procedure to follow this up involves Ministry of home affairs and ministry of external affairs, which are lenghty process and procedures.

Our intention is not to bring my sister's husband back to india forcefully. We just wanted to know whether it happens as per DV act by itself and if so how it happens.

There is no provision in the DV act for this, what you desire.