Can nri file criminal case in india against wife/fil/mil ?
warrior
(Querist) 23 February 2012
This query is : Resolved
Dear Experts,
I am a NRI and my wife filed set of cases 498A/DP-3-6/DV/MC-125 during 2011 Aug.
I want to file counter cases as suggested in the different forums with the evidences I have against my wife/her boyfriend/FIL/MIL..I got email evidence of my wife extra marital affair(100s of emails) and I got them authenticated at forensic lab.
so, now my lawyer says that we will file civil suit against them but not criminal case also says criminal cases can not be filed without candidate and also POA does not work.
Please suggest me if this is true? if this is true what are my alternative options for filing criminal cases against them. can my father or brother file same criminal case instead of me ?
or I will come to India and file the criminal case and give POA to my brother is it doable?
My wife is not working now, we just have a baby and wife boyfriend is working as manager in software firm and he is married has kids. I also want to include their software company for allowing them to use office resource(emails/chat) and premises for their illegal activities.
List of sections I am thinking of filing are as follows, please suggest more sections or remove irrelevant sections if I added.
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.306 : Abetment of Suicide
S.378,380,381,382 :Theft
S.383 : Extortion
S.406 : Criminal Breach of Trust
S.499: Defamation
S.506&507: Criminal Intimidation
196 Using evidence known to be false
199 False statement made in declaration which is by law receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
Regards,
Raj Kumar Makkad
(Expert) 23 February 2012
It shall be better for you to come to India and file police case as you desire and then can provide POA in favour of any person to persue the matter on your behalf.
You can lodge FIR as well as can invoke the jurisdiction of Indian courts if you have to any cause of action in India.
Shonee Kapoor
(Expert) 24 February 2012
Most of the cases you have mentioned can not be filed at this stage.
It is easier to say that I want to file so and so cases, but proper procedure has to be followed.
Being an NRI doesnot restrict you from filing and fighting cases in India.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
sibasish pattanayak
(Expert) 24 February 2012
Hi NRI,
BEING A PRACTICAL CRIMINAL LAWYER I WOULD LIKE TO SUGGEST YOU AS FOLLOWS:- a) please dont try to be a lawyer right now, you first win ove your case against your SHARK WIFE then take admission fo your LAW DEGREE.
B) now come to the main point, YES YOU CAN FILE CRIMINAL CASE BY POA SINCE INITIATION OF YOUE CASE IN INDIA, IF CAUSE OF ACTION AROSE IN INDIA. ..........I HAV DONE IN THE YEAR 2007 IN CALCUTTA, WITH AN ALLEGATION U/S. 406 /420 /120B I.P.C. ACCUSED WIFE / FIL /MIL/ BIL....THEY TRID TO QUASH BUT IN VAIN....MY CLIENT GET RID OFF.
C) YOU PL KEEP SILENT TILL HER DEPOSITION IN COURT , THEN U HAV TO FILE 340Cr.p.c....positively she shud be punished.
regards,
SIBASISH PATTANAYAK, ADVOCATE,
sibasish_adv@yahoo.co.in
09874854594 /09477090999 /09231668664 / 09433074402.
sibasish pattanayak
(Expert) 24 February 2012
hi nri ji , today is the historical day in india FOR HUSBAND /PARENTS OF 498A/ DV /MC VICTIMS COZ I GOT 2 ORDERS FROM ALIPORE COURT BOTH ARE HELP FULL FOR DV FIGTER.
A ) MIL GOT PROTECTION ORDER AGAINST DIL & HER PARENTS.
B ) HUSBAND GOT APPEAL ORDER AGAINST WIFE"S DV CASE, MY POINT IS : CJM /CMM HAS NO POWER TO ENTERTAIN AN APPLICATION U/S. 12 OF DV ACT, NEITHER EMPOWER TO PASS ANY ORDER SUBSEQUENTLY TO THAT EFFECT, DIST JUDGE ADMIT MY CASE RECORD CALLED FOR ADJUDICATION.
THIS IS MY 2nd. VICTORY WITH IN TWO MONTHS.
PL REQUEST YOU LAWYER TO GO THRU THE CASE OF WIFE IN DETAILS AND FIGHT SINCE DAY ONE.
REGARDS, SIBASISH PATTANAYAK ,ADVOCATE, CALCUTTA,
sibasish_adv@yahoo.co.in
09874854594 / 09477090999 / 09231668664/ 09433074402.
M/s. Y-not legal services
(Expert) 24 February 2012
i am agree with experts.. and i think you mugged the ipc..
just come to india., and take necessary steps to fight for your rights.. any one aggrieved can lodge a complaint., either may be indian or nri..
-tom-
Rajeev Kumar
(Expert) 24 February 2012
I agree with experts. First come here then proceed.
Deepak Nair
(Expert) 24 February 2012
Dear Warrior,
On a plain reading of the sections of IPC, a common man thinks that these sections can be applicable in whatever cases he wants to file.
In your case, the fact is that, at this stage, you cannot initiate such proceedings. Some of these sections are not even applicable in your case.
It is advised to fight the case against you at its merit. Most of such complaints are dismissed as these are based on false allegations which cannot be proved in court.
Once the order is in your favour, you can take actions against them.
Regarding the legal matters, it is always better to get the services of a professional. Many people fight the case on their own in over confidence and ends up at the receiving end.
warrior
(Querist) 13 April 2012
Dear Experts,
Thanks for the valuable suggestions from each and everyone above.
What is Disposition ? My DV case is almost at cross examination stage in lower court. I got temp stay from HC as well but HC ordered to Merge DV and 498A together in one court which is 498A 15CMM Court.
So, based on your expertise please suggest me when should I start filing criminal cases against my wife/MIL/FIL and her boy friend?
Regarding my 498A case charge sheet filed by SHO but charges not framed as I am not available in India.
pattanayak, can you please explain how can I help my self/father/Brother/sister under 498A and DV ? as you mentioned under 12 of dvc.
Regards,
Warrior.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 April 2012
Any body can initiate criminal or civil actions , and now even online filing of FIR will be reality.
But dear sir with few exceptions learned experts have given you detailed reply that it is easy to get in but it will need hell of efforts for continuing and prosecuting the cases.
And what will be end results in terms of money and time wasted is any body s guess.
