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warrior   23 February 2012 at 18:52

Can nri file criminal case in india against wife/fil/mil ?

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,