Chirag88 19 September 2015

Can foreign national file counter case

Dear Lawyers,

I have a question for you in a dowry case me and my family has been fighting for the past two years.

Brief details: My brother got married three years ago in Gujrat. I live abroad and married abroad also for many years. Soon after marriage my sister-in-law started threatening him to get all our propoerty transferred in her name. When he refused she ran back to her parents place. After one year she filed 498a/406 DP act case against our parents, my brother and me. They got bail quickly thankfully enough. Mediation was tried but girl's side demand is too hiugh.

Finally last month police submitted chargesheet where charges against me have been dropped but charges are filed against my brother and our parents.

I want to file counter cases of defamation and pray for 182/211/192 against the girl's side. I know that chances of my success are low but hopefully that creates pressure on opposite side to settle.

My question is:

I am now a foreign citizen (due to marriage). Can I file for defamation and pray for 182/211/192 in Indian court?

If I can do this, can I give power of Attorney to my brother to fight these cases for me?

Any help will be appreciated. Thank you in advance

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4 Replies

advocatepassy@gmail.com 971794 (Advocate) 23 September 2015

Yes you can file a case against them by giving POA. Indian courts do not discriminate foreigners

1 Like

Chirag88 16 October 2015

Thank you for your advise Shri Vinod ji. Sorry for late reply.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 17 October 2015

You can not file 182/211/192 IPC cases, they are specific domains of Police and Courts.

You may file defamation, but I doubt that defamation based on Police Report would succeed with great effect.

Regards,

Shonee Kapoor

www.shoneekapoor.com

1 Like

Chirag88 29 November 2015

Shonee ji,

Thank you so much for your reply.

Do you know if it is any use to file a writ petition in the high court requesting action in 182/211/192?

This was private complaint which the court forwarded to police, would that make any difference in case of defamation or writ for 182/211/192 case?

As I said earlier, I am planning this counter-case to just create pressure on opposite party. Even if it is stuck in court where girl has to show up for multiple hearings I will be happy.

Thanks all in advance