Nitin 18 July 2018

Fraudulent divorce through impersonation

I need some legal advice about the fraud my wife has committed in India. In her desperation to obtain divorce, my wife has faked my identity in India to serve the divorce summons. In fact 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

Thanks.

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6 Replies

Dr J C Vashista (Advocate) 18 July 2018

Get the ex-parte decree of divorce set aside by same court, move criminal complaint against your wife and the alleged impersonating person

Your query involves many tricky issues for which you should seek professional services of a local prudent lawyer.

Vijay Raj Mahajan (Advocate) 18 July 2018

The divorce case filled and order passed in favour and divorce was decreed in favour of your wife. The decree of the divorce can be set aside if you file application under Order 9 Rule 13 CPC in the same Family Court that had passed the order/decree of divorce. The facts pertaining to the case can be elaborated in the application.

You can reopen the divorce case and defend the demand of alimony that has been demanded from you. You can even seek custody and visitation right of the minor child you have out of the marriage.

As far the criminal complaint against you for domestic violence in the magistrate court, etc is concerned, need not bother as that will not be so easy for your wife after so many years of separation from you, even if that is filled that too you can very well defend through your advocate in India.

You may contact me for any help in Delhi courts. Email me: vijaymahajan5758@gmail.com

aarjun vhajage (Lawyer) 18 July 2018

In which court your matter of divorce was going on ?

Nitin 18 July 2018

Thank you. Can the (ex-)wife file for 498A or DV AFTER the divorce?

The reason I am asking this is because I am sure she will be encouraged to misuse every law in the book that can work in her favour until she can force me to agree to her demands ("settlement"). There are plenty of women-centric laws in India where complaints are lodged against men merely based on allegations, without providing a shred of evidence. Hence I am looking at it from every angle to safeguard myself legally.

As I said, apart from our brief holidays our co-habitation never took place in India, so she will be hard-pressed to make the stiry stand on its own feet.

Vijay Raj Mahajan (Advocate) 18 July 2018

Anything is possible as she with help of corrupt local advocate indulged in the act of fraud and misrepresentation in the court, she can indulge in any sort of filling false complaint against you and for this reason you have engage senior honest advocate for self first before you step in for taking any action against her.

Nitin 18 July 2018

In which case I guess, let her stew in her own juices for a while in India and dig more holes in the court. I can then collectively deal with it later on by hiring a honest advocate. Surely she has to further commit fraud to go for alimony etc. legally? She can't use a bogus address for obtaining ex-parte decree and then on the other hand, change the story to tell the court that I am a overseas citizen when it comes to alimony? The story has to stick together. But then again, I don't know. Anything is possible in India.

As far as I am concerned, officially I have no communication on this - either the summons or the decree. I don't have a single piece of paper related to this fraud sent to my domicile till date. When it does I can deal with it. If I enter now, she will get an opportunity to cover her tracks by playing the "woman card". So let it become a scandal. What I think is that until this officially becomes a criminal affair chances of me getting anything in my favour in the civil/family court is next to nothing. Moreover I will be forced to settle up if I entered now as it's easy to cook up false cases in India and can take years to prove innocence.

Thanks again.