Legal Question in Criminal Law in India

The wife, who is in the service of Government of Gujarat after purchasing a Non - judicial Stamp Paper went to Notary Public. There a document is created, in which facts are stated about her marriage with her husband on such a date and further stated that after that marriage, her maiden name was changed from so and so to so and so. The contents are truly stated.

But, the wife has forged the signature of the husband, without his knowledge and consent.

Whether the said act of wife tenamount to a "forgery", particularly, punishable under Section 463, 465 and 471 of the Indian Penal Code. Whether she is also liable for Departmental Inquiry, as a Govt. servant. Kindly guide. Thanks in anticipation.


Asked on 10/04/15, 10:44 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

When the question comes to forgery, then contents basically are not material. What is material is its execution. If the document is signed by a person, purporting to be signature of other, then it amounts to creating a false document and it constituted offence of Forgery under Chapter XVIII of the IPC.

So a wife putting the signature of her husband on an Affidavit and getting it notarized without the consent of husband, is an act which tantamount to Forgery and it is a punishable offence.

If any FIR or Charge Sheet is filed against the Wife, then under the Government Rules, DP can be initiated here against.

However, if the Husband consent thereto after wards, or want to protect the wife, then he can, and in that event, no proceedings will be maintainable against wife.

Regards

Vivek N Mapara

vnmlaws.com

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Answered on 10/05/15, 1:16 am


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