FIR against woman for forging legal papers

FIR against woman for forging legal paper

Sumit Saxena, Hindustan Times Email Author New Delhi, November 30, 2010

A city court has ordered registration of a criminal case against a woman who forged judicial records in the custody case of child. A metropolitan magistrate at Tis Hazari courts observed that the woman intended to gain mileage over her husband in her domestic violence cases along with her child custody case.

Laviral (name changed) and Sheila (name changed) got married in March 2007. Gagan Preet Singh and Karan Bir Singh, counsel for Laviral, told the court, “Sheila in connivance and conspiracy with unknown persons had prepared a false and forged document that is a written statement of his petition under Section 9 of Hindu Marriage Act and in her reply to the petition seeking custody of child.”

The court noted that Sheila in her reply to a case following the custody of the couple’s two-year-old son filed an affidavit with forged signatures and stamp of an oath commissioner.

“The investigating officer did not notice the forged signatures and stamps and processed the documents during the case hearing,” said the counsel for Laviral.

According to the action taken report of station house officer of Subzi Mandi police station, it was revealed that Sheila

claimed that the documents were sent to her at residence in Jhansi but the place of verification and signature on them mentioned the place as Delhi.

The court noted that facts and circumstances of the case and the statement of Sheila recorded during inquiry revealed committing of a cognizable offence by the accused and unknown persons.

http://www.hindustantimes.com/FIR-against-woman-for-forging-legal-papers/Article1-632873.aspx

Hiding a prior divorce from husband also amounts to cheating: Gujarat high court

Hiding a prior divorce from husband also amounts to cheating: Gujarat high court

The Gujarat high court recently gave two significant judgements in cases lodged by an NRI couple after their divorce. Justice Akil Kureshi of the high court ruled that if a woman conceals her previous marital status (including a marriage that had ended in a divorce), it amounted to cheating. In such a case, the husband can file a police complaint against his wife, the court said.

The judge also held that a woman can file a criminal complaint against her husband if he does not return her belongings after their marriage had ended in a divorce in a foreign country.

According to the case details, Mitesh and Tanya, who are currently citizens of the US, originally hail from Kheda district. They had got married with the consent of their respective families but their marriage soon ran into trouble and they divorced in the US in 2007. But the bad blood between the two did not end there.

Tanya filed a complaint in Nadiad under the dowry act among others, alleging that Mitesh had not returned her belongings which amounted to Rs20-Rs 25 lakh. These were given to her by her father at the time of the marriage but they were still with Mitesh's family, Tanya claimed. She demanded that Mitesh and his family return her belongings as she had divorced Mitesh in the US.

Mitesh had also filed a complaint at the same police station alleging that Tanya had cheated him as she had not disclosed the fact that prior to their marriage she was married to another boy and had divorced him too.

In his judgement, Justice Kureshi gave the green signal for filing of a police complaint against Tanya for not disclosing to Mitesh the details of her previous marriage and divorce. But the court turned down Mitesh's plea that Tanya's police complaint against him and his family for not returning her belongings be quashed.

The court also refused to entertain Tanya's argument that even if Mitesh's allegation was accepted as true, it did not constitute an offence as her previous marriage had been annulled by the competent court in the US.

On the other hand, Mitesh in his complaint had argued that Tanya had concealed details of her previous marriage even in the marriage form. This amounted to cheating and forgery, he said.

"Tanya had made a false declaration saying that she was unmarried, after which he had agreed to marry her," Mitesh declared in his complaint.

In her complaint demanding the return of her belongings, Tanya stated Mitesh and his family had not returned what belonged to her. As per the terms of their divorce settlement, the two parties were supposed to return each other's property, she stated, adding that Mitesh was now saying that he and his family did not have any of Tanya's belongings.

Photocopying a fake document also an offence: Court

Photocopying a fake document also an offence: Court

2010-07-09 21:30:00

The Delhi High Court Friday held that photocopying a fake document is also an offence and can lead to prosecution on charges of forgery and cheating.

'Photocopying a document, which is not genuine, and with the kind of technology that is available now wherein exactly similar copies of the original can be made, would fall within the ambit of making a false document,' Justice Mukta Gupta said.

The court dismissed the plea of a person caught with the photocopy of a fake visa and contending that he could not be booked for cheating or forgery as he was holding only the photocopy of fake visa and the original document was not recovered.

'With the advent of technology, scanners and computerized colour photocopiers produce identical copies which are exactly similar to the original. Excluding photocopying/printing from the ambit of a false document would be giving too narrow a reading,' the court said.

'If a document, which is not genuine, is being used as such and a person is made to part with money on that basis, then not only the offence of cheating but also the offence of forgery is attracted,' it added.

http://sify.com/news/photocopying-a-fake-document-also-an-offence-court-news-national-khjv4djedgi.html