Production of fabricated documents in the court to take benefit
sanjeev kumar
(Querist) 18 March 2012
This query is : Resolved
D/All.
She filed a case(I donot know about the section) in the court of law for the enhancement of maintenance allowance.We contended that she is a lawyer and oath commsioner and does not deserve for mntce allowance.The register maintained by her was asked to produce in the court.Surprisingly she prepared a false register,where only 4-5 affidavits per month were shown attested,submitted in the court and took benefit of enhancement by showing that she had meagre income.
After few months the aforestated matter came in my knowledge.I made complaint to the Sessions Judge in black and white and her next recommendation for renewal of registration as an O.C. was declined by Sessions Judge.It came in my knowledge when I enquired about my complaint from the O/o Sessions Judge under RTI Act.In RTI reply it was also mentioned that a number of descrepencies had been found in the register.Now I have certified copies of fabricted register and about 15-20 affidavits that were attested by her but not entered.
Is this act of her an offence.Should I move further, and if yes in what direction,to learn her a lesson?
Guest
(Expert) 18 March 2012
1. Wife
2. Husband
3. Maintenance
4. Duty to pay
5. No limit in maintenance
6. The circumstances which exists in awarding the maintenance or alteration.
based upon your query since the O.C is rejected it is also one of the ground to enhance maintenance since there is no source of income.
That your documents will only give rise to fabricating false documents and professional misconduct. File appropriate petition in this aspect.
V R SHROFF
(Expert) 18 March 2012
If you prove, she violated Notaries Act, she will be punished, and may loose her notary.
Get few Affidavits made by / signed by her, and not recorded in her register.
Also try to prove, she signs BEFORE ME, of dead , or unidentified persons.
Try recorded consultation as Advocate with witness prove paid fees, not shown in her income.
Those ladies who harass husband unnecessarily should be punished.
Raj Kumar Makkad
(Expert) 18 March 2012
You have obtained the biggest evidence in your hand. You have to utilize this vital evidence tactfully against your wife who is unnecessarily harassing you and is telling open lies before the court by creating false and fabricated evidence.
You can not only can file an application under section 340 Criminal Procedure Code in the same petition seeking enhancement of maintenance allowance but can also file separate criminal case of forgery, fraud, getting order from court by submitted illegal and false evidence. You can also bring this vital evidence to the knowledge of DJ and Law Ministry so that she may be blacklisted for becoming notary/oath commissioner in future.
SAINATH DEVALLA
(Expert) 18 March 2012
Dear Mr.Sanjeev,
At the first instance gather all the material against her and prove that she violated the Notary Act 1952, and the amended rules(1956), and make sure she will learn a lesson for her conduct.This ould place you in an advantagious position in your further encounter with her in the court of law.
Shonee Kapoor
(Expert) 18 March 2012
I agree with Ld. Makkad.
Use tact in getting her punished and denying her maintenance.
If she would be cooling her feet in the prison ward, she would need no maintenance, as all her needs would be met by govt. free of cost.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
