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Author Topic: Divorce through impersonation  (Read 668 times)

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Offline n_pinto1972

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Divorce through impersonation
« on: July 16, 2018, 12:06:10 PM »
My wife has faked my identity in India to serve the divorce summons. She created a totally bogus address in India, arranged for a man to impersonate me, took the process server to that address personally and played this pretend-serving the summons, with my impersonator rejecting the summons. Based on that rejection she has obtained the divorce decree when I was not inside India throughout this drama. In fact I am a naturalised citizen of a foreign country and I have not lived in India in the last 15 years though our marriage had taken place in India. And now she demands half my salary as alimony based on that fraudulent decree. In fact before this petition and the decree, she had approached the Indian court once in the past, at that time she had given my overseas address because of which the Indian court rejected the petition. The second time when she approach the court, she did not declare to the court about the first failed petition. Court is totally unaware of the drama my wife has played.

Which of the IPC sections cover this crime and what legal action can be taken against her? i am conscious of the fact that having committed this much fraud she would have been advised by her lawyers to misuse other laws such as 498a, DV etc. Anyways how do you think I should approach this? Thanks


Offline advmisthi

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Re: Divorce through impersonation
« Reply #1 on: July 17, 2018, 09:31:30 PM »
Your visa /passport stamp will prove beyond reasonable doubt of your status at the time of summons.

Once that is established your wife will be charged with contempt of court and criminal proceedings will follow for cheating the court which is a serious offence.

do anything but don't anger the Judge.

Now your wife can forget alimony etc whatever she aspires from court.

not only in this case but any other case she may file in court.

Doors of Justice system is  closed for her forever.

she just made a classic mistake , you have no worries.

all you have to do is furnish details in court of the fraud.

which city are you from
Adv.Misthi Mukherjee
I am here to help, Shoot your legal problem to me, I promise I will help

Offline New user

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Re: Divorce through impersonation
« Reply #2 on: August 16, 2018, 07:39:37 PM »
you can file Perjury Application under Section 340 CrPC against your wife for making false statements in court

you can file cheating under Section 420 IPC for faking your identity, by proving that you lived outside india when summons was signed in your name

Both the above offenses are serious criminal offenses with punishment upto 7 years

Offline advjaibansal

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Re: Divorce through impersonation
« Reply #3 on: August 22, 2018, 07:32:41 AM »
Dear Sir,

Forget about the perjury as if now. Please file an application for setting aside the ex-parte decree of divorce. As you have stated that you have not lived in India from last 15 years and not in India on the day of service. this is more than sufficient grounds for setting aside the decree. Once the decree will be set aided then only a case for perjury will be made out.

jai bansal
Advocate, New Delhi
Supreme Court of India
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