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Srini 2009 (asdasdasd)     23 December 2008

Forgery by Divorced wife

I have deposited X lakhs of rupees as fixed deposit on joint FD(on myself and mywife). After that disputes have arisen between us and we both are seperated and divorced before 6 months. Due to running of other cases like 498A, maintenance the Fixed Deposit was blocked with the bank.

Recently my wife forged my signature and submitted an application to the bank for premature withdrawl of the FD and the bank has canceled the FD based on the forged signature of mine.

I opened the FD in one place but she had withdrawn the FD at her home town branch of the same bank.

I have gone to police station to register a complaint against my ex-wife and the bank manager . But the police refused to take the complaint saying that they need the copy of the application submitted to the bank by ex-wife to verify the forgery signature. Then I went to the bank to get the copy of the application/letter submitted by ex-wife for premature withdrawl. But they have denied to give the copy to me saying that they will provide those documents to the court or police and not to me. In the mean time I have given instructions to the bank for stop payments of other joint accounts.

What should I do now to get a criminal case registered against my ex-wife so that she will not do further forgery and operate other accounts. Also please let me know what action I can take against the bank. How can I get the copy of the letter/application submitted to bank (private) by my ex-wife.

Please let me know all the available remedies to me at this stage.

Thanks in advance,



 38 Replies

Srinivas.B.S.S.T ( Advocate)     24 December 2008

 File a criminal complaint against the local magistrate u/s. 190 (1) (a), 200 Cr.P.C against your wife and the bank manager for offenses punishable u/s. 420, 468, 471 of IPC praying him to refer the matter u/s. 156 (3) for investigation to the local police. Contact your local advocate for preparation and filing of the criminal complaint. All the best to you. Regards Srinivas BSST. 

Kiran Kumar (Lawyer)     24 December 2008

Mr. Srinivas has given an apt reply, follow that...dont expect police will take action...file a pvt. criminal complaint as suggested.

1 Like

Srini 2009 (asdasdasd)     25 December 2008

Dear Sirs,

Thanks for the reply.

Can I file the criminal complaint at my home town court against the home town branch manager and my ex-wife as I have got the savings account with this bank. For the same customer id the joint FD was opened in another branch of the bank.

But my ex-wife has submitted the application with forged signature for pre mature withdrawl at her home town branch of the same bank in another state. Do I need to go there (to her home town) and file a criminal complaint at the jurisdiction of her home town branch.

As of now I don't have written communication from the bank that where the forgery occured. Orally they are saying that it was happened at the home town branch of the bank where my ex-wife resides.

Please me suggest.




PALNITKAR V.V. (Lawyer)     25 December 2008

Since, the amount was withdrawn from the parent bank though the wife had received the amount at her home town branch. The ultimate effect is that the starting point of crime was the home town of the wife but the end point is the parent bank. So you can file criminal complaint at the local court i.e. your home town court.

Srini 2009 (asdasdasd)     26 December 2008

Dear Palnitkar Sir,

 Thanks for the reply.

The joint savings a/c is at my home town branch of the bank. The FD was made at the other branch of the bank.(both last resided place ). Wife prematurely withdrawn the FD and transfered the amount to joint savings first and then with drawn. The joint FD is not opened at my home town branch , but the joint savings account is from my home town branch only.

Please confirm with this situation, can I file the case at my home town.






I di agree with Mr. Srinivas.


The offence happened at the place, where the joint F.D. was made and it was prematurely encashed (where you both resided together) and in that place only criminal complaint lies.  No offence has happened if the money has been withdrawn from the joint S.F. Account, if the account opening form says that any one of you can withdraw the amount. 

Now, getting a forged document from the bank is so easy, you file an application under Right to Information Act and obtain it within one month.

About remaining deposits, you give specific letters to the concerned branches to stop the payments from these accounts and take acknowledgements from the branches of the banks.  If you face any resistence (most propably  you may not), file a civil suit making the banks to party and you get stay of the operation of accounts.


Srini 2009 (asdasdasd)     10 January 2009

Dear Prabhakar Sir,

Thanks for the reply. Now I got the forged document which was submitted by my ex-wife to the bank for premature withdrawal of FD. The bank officials are saying before police that the signature is matching with the one in their system. But the signature is not mine.

Now please confirm whether my hometown will have jurisdiction to file the case against my ex-wife as finally she has withdrawn the mony from Joint Savings Account which is held at my home town. First she had broken the FD at her place and transfered the money to joint savings account. The joint savings account is either or survivor withdrawal state.

Now the bank marked the account into No Debit status based on my request. But for forgery and criminal breach of trust I need to file a case against my ex-wife. I cann't go to her place ...Please confirm whether I can file the case at my home town with strong jurisdiction. In the mean time I have gone to her place and had given a complaint to the police station at her place. They have given the receipt but not ready to file forgery case against my ex-wife or bank officials..

Thanks in advance,




The jurisdiction lies only in the place where the offence occured.  It is where your wife has surrendered the FD receipts bearing forged signature of yours.  If the police received the complaint and has not lodged FIR, the course suggested by Mr. Srinivas is the proper procedure.


Ravi Arora (Advocate)     11 January 2009

you 'd given a complaint to the police station at her place it means you are also agree about the jurisdiction point. it will go against you

just do as mr shrinivas said.

Srini 2009 (asdasdasd)     11 January 2009

Dear Sirs,

Thanks for the replies.

You mean a private complaint in the court where my ex-wife surrended the FD receipt.

It is very costly for me and consume lot of time for me  to go there and file a private complaint at her place.

As per palnitkar sir the jurisdiction also lies at my home town as she finally withdrawn the money from joint savings account which lies in my home town.

Please clarify. Also what is the limitation period to file the complaint in the court. Also the same jurisdiction applies for conumer court?




Srini 2009 (asdasdasd)     18 January 2009

Dear Sirs,

Could you please get back to me on Jurisdiction, whether I can file a criminal complaint at my home town or not?

Thanks in advance,



Section 182 Sub Section (1) of Cr.P.C.

Offences committed by letters etc. - (1) Any offence which includes cheating may, if the deception s practised by means of letters or telecommunication messages, be inquired into or tried by any court within whose local jurisdiction such letters or messages were sent or were received; and any offence of cheating dishonestly indcing delivery of property may be inquired into or tried by a Court whin whose local jurisdiction the property was delivered by the person deceived or was received by the accused person.

If your hometown branch verified the forged signature on the FD receipt and liquidated it and transferred the amount from FD account to joint Saving Fund Account, as per the first limbo of the above clause, your hometown has got the jurisdiction.


Srini 2009 (asdasdasd)     19 January 2009

Dear Prabhakar Sir,

Thanks for the reply. I do agree that the forged signature verification has not done at my home town.The local lawyer at my home town is referring sec 181(4) of crpc and saying that my ex-wife's act comes under misappropriation of property and it(the money) should be returned (or retained)to the savings account which lies in my home town.


181. Place of trial in case of certain offences.

(4) Any offence of criminal misappropriation or of criminal breach of trust may he inquired into or tried by a court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.


Sir,  Sorry for troubling you. I'm looking for correct jurisdiction (other than her place) sothat the case should not get dismissed. Could you please tell me your opinion with this interpretation sir.

Thanks in advance,



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