False statement to office/head office
Querist :
Anonymous
(Querist) 17 September 2011
This query is : Resolved
I am my wife is on verge of divorce and fighting many cases in court.
I came to know that my wife has submitted wrong statements regarding her address proof in writing through email to her office/head office.
What action, I can take in this case. Which sections are attracted in case of intentional false statement or concealment of truth.
Is this will be termed as fraud as well. Kindly guide. Thanks
R.Ramachandran
(Expert) 17 September 2011
The Address she can give whatever she wants. It is for communication purposes. Whatever address that she feels comfortable for her to receive any communication she is well within her rights. There is no fraud one can read into it. If at all, it is an issue between her and her office and you have no role.
Guest
(Expert) 17 September 2011
Dear Shri Ramachandran,
In fact this seems to be a modified query of the author, which he posted at the following link:
http://www.lawyersclubindia.com/experts/It-act-2008-sec-66-c--230881.asp
However, since he has sought advice through this modified query, I endorse your views. But had the query been posted in connection with his previous query that would have provided you more information about the real problem behind that.
BUT still he seemed to have hidden some more information and has expected some right solution to problem with wrong information. It seems he is having problem with the address shown by his wife that may be either his own, or some address on the basis of which she would be claiming HR exemption from Income Tax, which he had already communicated through email to her company, as per the query available on the aforesaid link.
Of course, if he has not yet communicated the correct address and if he has some problem with that address and also wants to settle score with his wife, he can communicate the same simply by writing a letter to the concerned company. It is not understood, what is the problem for him in doing that?
prabhakar singh
(Expert) 17 September 2011
Mr. dhingra rightly points out about your earlier post.
instead of seeking help from us you people are outsmarting us,but i warn that such an activity may emerge in a wrong advise and acting upon that may lead one to hell.
Any way here your question is"What action, I can take in this case.."??????????????
TO WHICH MY STRAIGHT ANSWER IS "NO ACTION YOU CAN TAKE IN THIS CASE"!!!!!!!!!!!!!!!1
ajay sethi
(Expert) 17 September 2011
dont adopt a vindictive attitude towards your wife . if your fighting for divorce do it amicably . filing more and more cases againt each other is not the solution . ultimately only the lawyers will earn
Querist :
Anonymous
(Querist) 17 September 2011
Respected All
This is not the case. The person who is in dire straits, in trouble, facing fake cases won't ever think of outsmarting someone.
He only request for help one way or the other. As you have guided that everything should not be discussed openly in forum and if something is missed. After closing the ticket, we can open another one if someone is in doubt.
If you felt bad about it, I apologize unconditionally.
Actually to correct the query, she got new job and joined office as Amrita Chauhan. After short period only, we had a dispute and to draw her first salary to her account.
She gave false statement to office/headoffice through email that she doesn't carry any proof for Amrita chauhan but she has proof for Amrita Bharti(Before marriage Surname).
But in reality, she has passport and other bank accounts in the name of Amrita Chauhan.
Can that be treated as false statement or fraud. Kindly guide.
Thanks for all the help.
Devajyoti Barman
(Expert) 17 September 2011
If you could prima facie establish that the statement on oath is false and is made willfully by the said person with a view to mislead the court to her advantage , then you could file a petition u/s 340 crpc so the court sends the same to the Magistrate for causing necessary inquiry and take cognisance of the offence.
So in the case of attacking the false address issue , you have pass this test as stated here.
Querist :
Anonymous
(Querist) 17 September 2011
Thanks very much Sir.
Kindly enlighten me that once she has been Amrita Chauhan in passport, Can she still use Amrita Bharti for any new venture/job.
Does that not lead to multiple identities for malicious purposes.
Is this legal offense or not. Kindly guide. Thanks
