Ipc 494 Ipc 495 - prosecution of wife for bigamy by HUSBAND

It is your lawyer who has obtained the certificate.  He becomes a witness now and another lawyer will be needed to file the case.

As a complainant the court may require your presence once at the time of notice and must for the evidence as to how you are sure she has married.

For adultery charge on the second husband also the same.

you can give POA to person who resides in india to take care of the case if you intent to file against your wife

here you didnt made it clear that she left you or you both separated and how come she married again to give better answer it is needed

Mr. Sudhir Kumar - Thanks for your reply. My Law counsel is a team of 4 advocates.

Advocate Mr K. Mahesh - 

She left me on the 10th day from my marriage day claiming that the our marriage is incompatible and then subsequently in about 6 months, she did this crime of bigamy with the man who also attended my marriage, so its a conspiracy than just bigamy. They both had conspired together.. We found all information with the help of private detectives. We have obtained the certified copy of their illegal marriage registration too, wherein my wife had stated herself as "Spinster" (IPC 495).

CrPC 198 prevents anyone other than husband to prosecute wife on charges including adultery, bigamy and concealing prior marriage (IPC 495) etc., however, there is no mentioning about the Power of Attorney provision. Is there a law section can you refer for me to support Power of Attorney for an NRI to initiate criminal proceedings in India ?

For my mind, the physical presence of the husband is mandatory.  Section 198 Cr.P.C. is ruling out any other possibility.  Even this provision conspicuously gave exemptions to the certain categories of people, i.e., person below 18 years, idiot, woman who cannot give her appearance openly on account of her rites and custom, it did not give any exception to the husbands, except in the case of defence personnel, who can authorize some other person, if they obtain from their commanding officer that they cannot get leave of absence.  So, no exception is given to the husband to authorize some other person to lodge complaint or to appear for him in the court.  I suggest you that instead of going to Section 156(3), to file private criminal complaint under Section 200 Cr.P.C. as you have got your marriage certificate and her second marriage certificate.  For that before the court, you have to give pre-summon evidence.

regards. 

Yes agreed with Mr Chandershekhar.  You can seek exemption.  Even NRI accused get exemption.