Wrong details on [assport
Amit
(Querist) 30 September 2015
This query is : Resolved
Hi,
I am fighting a divorce case with my wife. Without going into too many details about the case, I am being specific about my query here.
My wife filed an application for passport wherein she gave a wrong affidavit regarding her date of birth. She is well educated but gave a wrong affidavit stating that she is illiterate and gave a wrong date of birth in the affidavit (in the presence of notary). She also submitted her ration card which has wrong date of birth.
She applied for her passport immediately after our marriage but she did not mention that she is married in her passport application. I have a passport by the time of marriage.
I gave a police complaint regarding this and investigation is underway.
Now my questions are:
1) Is she liable to be prosecuted under Sec 12(b) of The Passports Act
2) What else is she liable under IPC. she destroyed her passport and did not produce it when police asked her.
I am thinking these attract IPC 468, 471, 201, Sec 12(b) of Passports Act. And what else? I'd like to a
Please guide me.
Thanks
SAINATH DEVALLA
(Expert) 30 September 2015
UR wife applied for passport after UR marriage and U were a witness to whatever she mentioned in the application.
U gave a police complaint regarding the same only after divorce was filed.
U are very anxious to know her prosecution of misrepresentation of facts in her passport.
By this time she should have filed 498A and DV also.
Amit
(Querist) 30 September 2015
No, I was not a witness to her passport application.
I was not even aware of her wrong date of birth in her passport.
I filed divorce and later she filed DVC but not 498A.
During the course of divorce/DVC etc the passport thing came out and then I complained to police regarding it. Police are investigating and they informed me that she gave wrong date of birth using false affidavit and soon they are gonna file a chargesheet on her.
She even told the police during the investigation her passport is in our custody and that my father applied for her passport on her behalf and that she has no role to play in it. This is all false.
Having said that my question was not what she can file against us but what charges does she attract for (a) giving false date of birth in passport (b) using that passport (c) giving false affidavit in her passport application (d) lying that my father is involved in obtaining of her passport (e) lying that that we have custody of her passport and (f) not presenting it to police when asked for it
Please let me know the relevant sections of law under which she is liable to be prosecuted.
Thanks
Dr J C Vashista
(Expert) 01 October 2015
Obtain certified copies of all the aforesaid documents and lodge a police complaint for committing forgery and cheating.
For further queries, advise and proceeding it would be better to consult and engage a local prudent lawyer.
K.S.Srinivas
(Expert) 01 October 2015
Better consult a Lawyer along with all documents and seek his advice.
Amit
(Querist) 01 October 2015
Yes, that process is all underway.
Complaint has been given to police and they are investigating.
My query was what all IPC sections does it attract?
468, 471, 204, 199, 200?
Rajendra K Goyal
(Expert) 01 October 2015
Also lodge complaint with the Regional Passport office with proofs.
Record is always available with the Passport Office and they would take action according to the situation.
Amit
(Querist) 01 October 2015
I have written a complain to RPO and no action has been taken so far.
SAINATH DEVALLA
(Expert) 01 October 2015
Now its time U better consult a local lawyer and rely on him in the conduct of the further proceedings.
P. Venu
(Expert) 01 October 2015
Your profile suggests that you are playing hide and seek with this forum with imaginary queries.
Amit
(Querist) 08 October 2015
Venu and the like:
You expect me to be on the forum on daily basis?
The other day, some other "expert" suggested I am here too much on the forum and now you say this.
Seriously I feel, there should be a "ban expert from all my posts" feature on LCI.
If you can't contribute, pls do not waste our time.
You had time to go through my profile and do some stupid analysis but you could not shed light on the actual problem. And you had the nerve to throw innuendos at me. Shame.
Please refrain from answering any of my posts in the future.
