Multiple birth certificates
satkaran singh solanki
(Querist) 05 July 2017
This query is : Resolved
My son was born in govt hospital of my city B, in 2009. His birth certificate was prepared by hospital and muncipal councle of my city. I am possing the real and first birth certificate.
My ex-wife left home in 2012 and started residing in her city R. She got another birth certificate of my child from muncipality of her city R on the basis of false affidavit with changes in the name and place of birth of child. She used the false certificate for the admission of child in a school in her city R.
My divorce was finalised in 2014. I have obtained the copy of second birth certificate and her affidavit and application from muncipality of city R under RTI act.
I want to file a criminal case against her. Under which IPC the case should be filed?
Kumar Doab
(Expert) 05 July 2017
It is felt that you are biological father and might have affixed your signature while submitting for genuine birth certificate.........
You may lodge complaint with Registrar of Births that issued certificate..................
Further discuss in person with a very able local senior counsel specializing in such/civil matters for a considered opinion.
Rajendra K Goyal
(Expert) 05 July 2017
Lodge FIR against this forgery.
If police refuse to register, file direct complaint with the Magistrate.
satkaran singh solanki
(Querist) 05 July 2017
I am biological father. The police is treating this case as of ipc 191,193 and 198. My counsels are suuggesting this to be filed with magistrate under ipc 420 and 471. Please suggest who is correct.
Rajendra K Goyal
(Expert) 05 July 2017
Obtain second opinion from another lawyer and proceed.
Kumar Doab
(Expert) 05 July 2017
If you are not satisfied with state court is the recourse.
You can consider advise of Mr. Rajendra K Goyal.
Kumar Doab
(Expert) 06 July 2017
You are welcome Mr. Rajendra K Goyal.
Dr J C Vashista
(Expert) 07 July 2017
Prima facie it is an academic query or a moot court subject.
However, if you have come to know that your ex-wife has submitted false and fabricated documents for admission of your child, give them to your lawyer for filing criminal complaint. What for do you need to learn the provision of law, if you did not study?
Advocate Suneel Moudgil
(Expert) 07 July 2017
clarify reason for lodging FIR against your wife, if any other case (maintenance, Domestic violence, IPC 498a etc ) is pending against you, if yes, then go ahead, else leave it, let her and your son enjoy the life.
Advocate Suneel Moudgil
(Expert) 07 July 2017
don;t take bother of IPC section, even a simple section, if proved guilty, is enough to send her behind bars
Kumar Doab
(Expert) 07 July 2017
What good the querist be doing to him, estranged wife, son (believed to be minor and probably not estranged) by a declaration that the son that is actually his son is not his son?
The son shall remain son despite purported fraudulent act and fake affidavit and document procured by wife.
The evidence of fraudulent act is already in the hands of querist. It is sufficient to lodge a complaint.
The wife could very well request the husband to give a copy of birth certificate or obtain from Registrar of Births….
The querist has NOT posted any heartburn/heartfelt feeling for son.
Why should querist release any corrosive publication for son?
Son is legal heir and will remain a legal heir.
Of course the owner of self acquired property can dispose his property in anyone’s favor in his life time by a valid/registered deed.
The police shall record sections as per it’s own view.
If you are not satisfied escalate to higher officials and they may obtain inhouse legal opinion.
Further court can take care of variances if any.
Kumar Doab
(Expert) 07 July 2017
Have faith in your own lawyer(s).
They seem to be doing good for you.
satkaran singh solanki
(Querist) 08 July 2017
The above case is a reality. My advocate has filed a case under 156(3) to the concerened court and court has ordered concerned police station for investigation for the said forgery. Actually I want my child back in my guardianship. I have applied to concerened court under guardianship act. The criminal case against her will support my claim for child. If she is proved guilty and punished, I will surely get my child.
Regarding my query about IPC, I wanted not to delay my case. I came to know that for IPC 191,193,198 I can not directly fight because of 195 crpc. Hence to activate law properly, Iwanted to know the fastest and sure procedure for this case.
