• Wifes passport was made post wedding as a spinster.Does this fall under criminal offence?

My wife has filed a 498a and DVC against me. Now I have realized that she has made her passport from some other address after our wedding and also classified herself as spinster. Can I open a case subjecting to investigation on seeking information about : 1) Date of police verification 2) Name of the witness and their addresses 3) Application date and also please do let me know whom to approach which department and register my complain for further investigation.
Asked 5 years ago in Criminal Law
Religion: Hindu

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12 Answers

1. If the divorce has not been taken and she has applied for the passport as spinster then you may file a complaint against the same before the RPO. 

 

2. Section 10(3)(b) of the Passport Act reads as follow: 

 

Section 10 (3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,—

 If the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf: 5 [Provided that if the holder of such passport obtains another passport, the passport authority shall also impound or cause to be impounded or revoke such other passport.] 1[Provided that if the holder of such passport obtains another passport, the passport authority shall also impound or cause to be impounded or revoke such other passport.]".

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

file RTI application with passport office as to whether wife had declared her marital status on her application 

 

2) inform RPO had wife had obtained passport by making flase statement on oath 

 

3) notice would be issued to wife as to why her passport should not be impounded for making false statements on oath 

 

4) penalty would be imposed upon wife 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

There is no specific act under which the father may disown. He may make a paper publication to this effect and may make another publication to remove the effect later. 

Disowning is not considered by the court if the same has just been done to over come some legal difficulty. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

issue legal notice to son 

 

2) also issue public notice in local newspapers that son has been disowned by you 

 

3) you can later still bequeath your property to your son by will or accept him back as member of family 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Yes you can. It's giving false information to public authority.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Cleint,

Approach regional office of passport authority from which she has applied for passport and complain about her concealing her marital status. Passport authority may impound or cause to be impounded or revoke a passport and punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

You can register a complaint before the Regional passport office wherein the passport is made, further you can raise the issue before the court and court may further give directions to the department in the same,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can stop your son from getting anything from your self-acquired property, but not from the ancestral property. He can get his share from ancestral property.
There is no such thing as disowning a relationship in Law. Publishing a Public Notice in newspapers will only give intimation to the general public that you now keep no relationship with your son. But he will remain your son in the eyes of Law, and being your son, his rights in ancestral property cannot be extinguished.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See there is no procedure as such in India to disown the child or parents , disowning is generally related to property so parents can alienate property by wish through will or gift to other people. further though to disown to suffice a notice can be published in newspaper. Further yes it can be dissolved parents can vest property rights in the said person.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file RTI in this regard to get the information about the passport issuance.

If there is any information which is not correct then you can file a police complaint for fabricating the documents under section 196 IPC

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You can ask all these details from the passport issuing authority through RTI act.

 

If it is not allowed then you have to collect the details through your own sources only.

 

However you cannot initiate any action against her until and unless she had suppressed the information that was material for the issuance of passport.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

There is no provision in law for disowning any relationship that has been existing from the birth.

Hence the disowning relationship between father and son is nothing but a myth.

Legally, even if the father declares that he has disowned his son through newspaper publication also, the relationship between the father and the son cannot be dissolved or discarded and the son shall be entitled to his rights in his father especially after his father's lifetime.

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

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