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Wife fabricated documents obtain passport minor daughters passport
16-Mar-2023 (In Documentation Law)
I was filed a case namely “Restitution of Conjugal Rights” and thereafter one another case namely “Guardianship and Wards”. We are living specifically, in different address, without divorce for last 3 years. I came to know that my wife went to Bangladesh on 24.12.2016 along with my minor daughter. But when my wife departed from my house, my daughter had no Passport. Under these situations I submitted a RTI online request to passport office and in response came to know that my wife submitted an Affidavit signed by me permitting her to submit the passport application in my absence and an annexure-H, also signed by me. All the signatures in the said documents are evidently fabricated. Therefore, Is it possible for me to file a Criminal Case for that? I yes, what will be the punishment for my wife? In case of imprisonment may I get custody of my minor daughter? And is it required for GD before filing the Criminal Case? Looking for your early reply.
You must file an application under section 340 of the CRPC and challenge the documents that have been fabricated. Moreso get the copies that have been fabricated.
340. Procedure in cases mentioned in section 195.
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
340. Procedure in cases mentioned in section 195.
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub- section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Yes you can file criminal case against your wife. Punishment may be upto 7 years. Without going through the status of your case its not possible to conclude about guardianship.
Yes you must go to the p.s. to acknowledge the matter. Further discussion can b done only after consulting details.
Yes you must go to the p.s. to acknowledge the matter. Further discussion can b done only after consulting details.
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Adv. Partha Ray
Kolkata | 25+ Answers
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