The Bombay High Court recently held that judicial magistrate in India can take cognizance of domestic violence committed in foreign soil under the Protection of Women From Domestic Violence Act, 2005 (DV Act

2) 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.

Your lawyer is correct .it is not binding but has persuasive value 

Court in Kerala can rely upon said judgment as there is no contrary judgement from Kerala HC 

any illegal act committed outside is crime india. Case maintainable.

Domestic violence case valid even if woman's spouse lives abroad: Madras high court. CHENNAI: Any woman residing in India either temporarily or permanently is entitled to seek relief from a court of law under the Domestic Violence Act even if her spouse lives outside the country, the Madras high court said Wednesday.

Justice S M Subramaniam issued the order while dismissing a petition filed by a US citizen, challenging a domestic violence complaint filed by his wife against him in a Chennai family court. "The cause of action arises in India since the aggrieved person is residing here, even if abused economically by the spouse residing in another country," he said.

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.

A court in India can take cognizance of a case of domestic violence even if the alleged offence takes place in a foreign country, the Nagpur bench of the Bombay High Court has held.

In the present case, consequence of trauma, suffering and distress carried by the complainant woman 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, the judge said.

The Bombay High Court recently held that judicial magistrate in India can take cognizance of domestic violence committed in foreign soil under the Protection of Women From Domestic Violence Act, 2005 (DV Act).

Therefore you can initiate the DV case process.

Your father can attend case on your behalf and there is Supreme court a Famous case of Mohd. Ahmed Khan v. Shah Bano Begum.

If still Kerala High Court does not take your case according to said lawyer. Because in south there are very biased procedure as compare to North India courts. 

Still you can file case in the Ministry of External Affairs to impound your husband passport.

The high courts in Madras and Bombay have clearly given verdicts tht the domestic violence case can be entertained even if the incidents are reported to have taken place in a foreign soil.

Therefore you better file a DV case in your jurisdictional court in Kerala without attaching the judgment at this stage.

The judgments can be relied upon only at the time of final arguments and not in the preliminary stage itself.

If your lawyer is not cooperating then you can engage any other lawyer who is willing to take up your case. 

Your lawyer's assertion is accurate. While not legally binding, the recent ruling of the Bombay High Court regarding the extraterritorial application of the Protection of Women From Domestic Violence Act, 2005 (DV Act) holds persuasive value. The court in Bombay emphasized that the DV Act is essentially a "social beneficial legislation," and its applicability isn't contingent on the location where the offense occurred. This means that a judicial magistrate in India can indeed consider instances of domestic violence perpetrated on foreign soil under the provisions of the DV Act. This ruling can be particularly relevant in jurisdictions like Kerala, where no conflicting judgments from the Kerala High Court have been presented. Therefore, the court in Kerala could potentially draw upon the Bombay High Court's decision as a precedent, given the absence of contrary judgments within the state.

Yes, a court in India can take cognizance of a case of domestic violence even if the alleged offence takes place in a foreign country. But there are certain things that you have to keep in your mind first of all you have to proof that you have carried you mental trauma and cruelty with you in India, secondly you have to establish that you have suffered Domestic Violence in abroad.

If you want to futher discuss on this matter you can ping me.

Thanks and Regards.

As per law the crime committed or happened in US can be tried in US Court only and Indian courts lack jurisdiction. Courts are free to looked into case laws. Bombay high court judgement is binding in Maharashtra only. 

DV is maintainable; Your father can file DV , but it is advisable that you file it yourself

- Since,  the marriage was solemnized in India , hence you can file the compliant under the provision of DV Act in India , even the act of violence was happened in US. 

- As per  Bombay High Court , Indian Court can take cognizance of a case of domestic violence even if the alleged offence takes place in a foreign country.

- Further, if you are living abroad , then your father can file the said complaint on your behalf , however on some date of hearing your presence is needed. 

1. You should have lodged a police complaint against him in USA before coming to India. However, while filing DV complaint in India you should also add incidence which took place ion India and continued to USA.

2. Engage a local lawyer having expertise in this field.

1. Kerala district courts will give priority to Kerala High Court's order but will also hear what have been stated in Bombay High Court Order.

2. You should tactfully add his violence committed on you in India before both of you left India for USA to make your DV petition legally valid.

The high court order is binding in all over india but the high court of particular state may decide it’s binding effect. The order of SC is binding all over India