Dv Foregin national

Look at the attached case law. That says it all. Perfect for you. Similar facts... Woman returned to India, etc.... Yours is even stronger. You are already divorced. The main point to note is that it falls under the Limitation Act and that the one year limitation applies to DV cases. If you fall in a different jurisdiction (not Bombay High Court), then refer to Supreme Court Judgement in Inderjit Singh Grewal v/s State of Punjab & Anr. Cri. Appeal No. 1635/2011.  

Your advocate will try to prolong the case. Make sure that he has already discussed these cases with you and/or at least argued in his written submissions along similar lines. If not, change your advocate.  Make sure that your advocate presents these citations both in written submissions to the COurt and in Oral presentations. Written submission ensures that there is a record that you argued based upon them. It is in your advocate's interest to prolong your case and he will look at an NRI as a bakra to be milked for a long time. During hearing, if he does not present these cases, ask permission of the Court to speak, and present them yourself. Read the DV Act and in particular the definition of "Shared Household."  Unless your advocate screws up, this case is a straight slam dunk win for you, in limine! In limine means at the outset itself. That is important for you while the advocate will say... Let is go on... we will win in the future, etc. Be careful. Advocates in India are thieves and crooks. They will do everything to prolong the case. He must have already discussed with his counter-part on a strategy to prolong it.

GOOD LUCK!

As stated you have already obtained  Divorce 3 years back  Hence DV  is not applicable in your case as the domestic relationship has ceased . Your lawyer has to convey to the judge for the same has to be dismissed .  

Being an NRI your advocate is out to milk you out .