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False income certificate

(Querist) 02 May 2018 This query is : Resolved 
1) My wife and in-laws obtained income certificate from Revenue dept wherein it is mentioned that my annual income is 10,000/-. But Im an govt servant and my income is 4 lakh and Im unaware of this certificate.

2)Before my marriage my wife obtained income certificate from Revenue dept wherein it is mentioned that her family income is 7,500/-. But both in-laws are govt servants and their annual income is 5 lakhs.

3) I complained to concerned Police and Revenue Officials but they don't took action.Even NCR has not been regd. They told that my wife is mentally ill patient (thats true) hence no action has been taken.

Is this act amount to cognizable criminal offence? Is there any exemption for mentally ill patient in criminal Offence. If possible please mention the IPC section
(I learned so much abt law from LCI, which helps me to fight against false 498A case)

Thanks in advance,
Ms.Usha Kapoor (Expert) 02 May 2018
If you could prove in court that at the time of making the annual income statement she isi mentally unsound and does not know what she is talking she is exempted from any criminal liability
Athi Vishal HD (Querist) 02 May 2018
Madam, in this issue I'm against my wife. Bcz she and her parents involves in many fake documents scam i.e marks cards, experience certificates, student bus pass, handicap certificate etc. Wen it came to my notice, I told that I'm going to lodge complaint to police. She suddenly went to room and attempt to hang. But I rescued and admitted in hospitaI. I saved her life by incurring 5 lakh in hospital. But hiding all these facts my in-laws filed a case of 498a . Now my wife is mentally ill bcz of side effect of hanging. Hence I want to prove her criminal activities which leads to hanging herself.
Anil Satyagraha (Expert) 02 May 2018
Athi Vishal:
May-02-2018 Wed, 07:04 AM
In case, you are not already represented by a Legal Counsel, take time to do so, simply because there is no substitute for a Legal Counsel.

Per your averments, it appears that IPC Section 498-A has been filed against you. Since you content that documents were faked/forged and so on, here are some recommendations that you might want to run past your Legal Counsel.
1. Invoke and file an application U/S 91 CRPC to summon the true documents.
2. Once it is clear through documentary proof that false evidence is being adduced by opposite party, look into the provisions of Chapter XI IPC
3. Make an application to quash the falsely lodged FIR against you.

Disclaimer: . This message or any part of it is not construed to be Legal Advice. For legal help, kindly contact a lawyer that specializes in the area of your concern.

~Anil [at] Satyagraha [dot] com

Sudhir Kumar, Advocate (Expert) 02 May 2018
there is no blanket exemption from criminal liability if someone is a mental patient. If one can prove that he was totally mentally incapable and not able to make out that his act consitutes crime [at the particular time of offence] then he/she can be set free.

Given facts are too sketchy to form any view as to what has happened so no further views can be expressed.
Athi Vishal HD (Querist) 02 May 2018
While making fraud she was totally normal. All fraud made up to 6.2 2013.
Athi Vishal HD (Querist) 02 May 2018
While making fraud she was totally normal. All fraud made up to 6.2 2013. She is mentally ill from 7.2.2013 only.
Vijay Raj Mahajan (Expert) 02 May 2018
If she's mentally ill than it fit case for divorce. If you have not already filled the divorce case, than better file it rather moving ahead with all these criminal complaints etc against the wife.
Kumar Doab (Expert) 02 May 2018
Which personal law applies in your case or are you all Hindu?
Did you marry under Special Marriage Act?
Kumar Doab (Expert) 02 May 2018
Send the complaint to SHO of PS ( by email attaching copies) with narration of date of submission and reminders…and brief minutes…
Follow up by escalating to DCP/CP/SP..
Pursue RTI route to get the copies and to know the action taken and complaint number issued and any document submitted by OP towards mental posted by you..
Write to concerned revenue official that issued income certificate for you and your in laws and request to provide copies of application and annexures, SoP for issuing such certificate, name and details of officer that made investigation and copy of report if any etc etc
Write to the authorities that issued other docs e.g. handicap certificate, bus pass etc as posted by you and ask the details……
Keep record of expenditure of Rs. 5lanc on medical treatment.. and y=try to obtain thru RTI from hospital..
If a submission has been made that your spouse is mentally ill and supported by medical certificate by medical Specialist (Psychiatrist) ..
Obtain everything by RTI or pray to court to summon all such details and docs..and establish the bad conduct ..
Kumar Doab (Expert) 02 May 2018
If her mental condition is such that IT is incurable of unsound mind, have suicidal tendencies, IT is impossible to lead normal life then convince the court…and get liberated from troubled wedlock..
What is exact diagnosis of Dr of the spouse?
Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …and discuss in person

Be assured such and honest counsel shall handle all maters effectively..............

If you were allured, fleeced by any counsel earlier post the details here and make him/her popular....
Kumar Doab (Expert) 02 May 2018
Same matter;

Dr J C Vashista (Expert) 03 May 2018
Which law applies or ground is there to divorce a mentally sick woman? Does it appear in Hindu Marriage Act, Muslim Divorce or Indian Divorce Act?
Answer is NO.
Consult and engage another local prudent lawyer if you have lost faith in your lawyer contesting your case u/s 498A IPC, alleged to have been lodged against you.

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