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VIVEK
(Querist) 30 December 2014
This query is : Resolved
Dear Learned Advocates,
I would like to seek your advice on my case. It is a cheating and property misappropriation case. An old lady got a fake marriage certificate and a death certificate for which a criminal case was lodged and she has been booked under this case. She had earlier lodged a DV case. However the case was summarily dismissed saying that there is no marriage and domestic relationship as the petitioner failed to convince the Hon. Magistrate court. Two days before the judgement the old lady approached a family court claiming maintenance. She has produced a fake marriage certificate which has been clandestinely obtained by her. Concerned Temple authorities have filed a petition before the Munsiff court to declare the certificate as null and void as such marriage was never conducted by the temple authorities as the temple records does not have any evidence. Due to some oversight they issued a duplicate certificate. However we filed a reply to the family as the case is not maintainable. However the family court judge as ruled that the marriage certificate is in force hence she has posted the case for a mediation. Kindly note that the old lady had obtained a death certificate the husband in the year 2007 which is also in force and she has been charge sheeted. Then how did the judge come to such a decision defies logic. Kindly advice future legal steps. We will not be attending the mediation session on 27/2/2014.
Thanx
Devajyoti Barman
(Expert) 30 December 2014
The marriage certificate has not been set aside by any civil court as yet. Even though the certificate is under challenge unless it is set aside, the family court would proceed with the trial of the case.
There is no irregularity in the order under question here.
VIVEK
(Querist) 30 December 2014
Is there any possibility to fast track the setting aside the marriage certificate case at the earliest possible time.
Devajyoti Barman
(Expert) 30 December 2014
yes, apply in high court for passing of necessary direction for expeditious hearing of civil suit by trial court.
Dr J C Vashista
(Expert) 31 December 2014
Move a petition before the High court.
Rajendra K Goyal
(Expert) 31 December 2014
Agree with the expert Devajyoti Barman.
ajay sethi
(Expert) 31 December 2014
agree with Mr barman
VIVEK
(Querist) 31 December 2014
Thank You All for your advices, My advocates have had also advised me the same.
T. Kalaiselvan, Advocate
(Expert) 01 January 2015
