A husband living abroad can face a difficult situation when a matrimonial dispute turns into a criminal case.
But a recent Delhi High Court judgment shows why every allegation inside an FIR has to be examined separately.
In Harcharanjeet Bains v. State & Anr., decided on 16 September 2026, the petitioner was a medical practitioner residing in the United States. Matrimonial proceedings had continued for years, and the FIR included allegations under Sections 498A and 406 IPC, among other provisions.
The important point was Section 406.
Criminal breach of trust requires the necessary element of entrustment or dominion over the property. The Court found that this essential foundation was absent against the petitioner and therefore quashed the FIR, charge-sheet and consequential proceedings insofar as they related to Section 406 IPC.
But the Court did not quash everything.
The proceedings under Section 498A read with Section 34 IPC were permitted to continue. The Court also directed the Trial Court to independently examine the limitation issue before taking cognizance of the remaining offence.
That distinction matters.
A matrimonial FIR is not necessarily an “all or nothing” document. Different offences have different legal ingredients. A husband facing proceedings should therefore examine the specific ingredients, evidence and limitation issues connected with each allegation instead of treating the entire FIR as one undivided problem.
For an NRI husband, professional or business executive dealing with a matrimonial criminal case in Delhi, early document-based assessment can be particularly important.
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The practical question is not simply “Is there an FIR?”
The better question is: “What exactly must the prosecution prove for each offence?”
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