What To Do If My Husband Forged My Signature On The Divorce Papers ?

Your spouse may not require your signature to file for a divorce, however under some circumstances, he can use your signature to finalise your divorce. Say for example, he can draft a marital settlement agreement which may include terms which are very favourable to him.

He could sign your name to the document and have it  submitted to the court. In case the court approves such an agreement and the judge signs it, you will be bound by its terms. In case your spouse forges your signature and have you committed to such settlement terms or divorce terms which you haven’t agreed to, your litigation would jump from family court to the criminal court.

Involving the Law Enforcements

Forgery is a kind of fraud, where the law enforcement would most likely get involved. Your spouse may not only have committed the offence against you but  he has deceived the court as well -- and thus, the state. Even in a situation where you decide not to press charges, the state probably would. Criminal charges against your spouse could include forgery, perjury, unsworn falsification as well as criminal impersonation.

Thus, in case your husband forged your signatures on the divorce papers, you can file an FIR against him. It is advised that you hire a  family lawyers in mumbai or you can plead your case in front of the magistrate himself to send such forged papers to have them tested at the Forensic labs and then initiate the proceedings for the case of forgery. 

The Offence of Forgery

Provided under Section 463 of the Indian Penal Code, 1860-

Making false documents or false electronic records or any part of an document or electronic record, with the sole intent of causing damage or injury to the public or to any other person, or in order to support any claim or title to a property, or for causing any person to part with his/her property, or to enter into any express or implied contract, or with an intent to commit fraud would result in committing forgery.

Hence, a person when making any false document or electronic record with a criminal intent to:

  • Cause injury or damage to some other person or public
  • Causing a person to part with his property
  • Enter into some express or implied contract against the will of the victim
  • Supporting any claim or title to the mentioned property
  • Having committed or may commit fraud 

then such person would be liable for the offence of forgery under Section 463 of IPC.

Section 473:

Make or counterfeit any seal, plate, etc with an intent of committing forgery shall be punishable under section of the same chapter or in case have in his possession any such scale, plate, etc then he would be punished under this section, which would be an imprisonment of 7 years which is a bailable offence.

Conclusion

Hence, as could be inferred from the above discussion, forging the divorce documents  by signing fake signatures will be punishable with a period of 7 years of punishment or fine or both. For further information, it is advised that you seek legal opinion from a Divorce Lawyer in Delhi or lawyers in your area.

Lead India offers you a team of experienced advocates who have been successfully handling cases related to civil, criminal laws as well as family laws and could offer you advice as required. In case you wish to talk to a lawyer to ask a legal question or seek free legal advice, you may contact us.

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