Birth certificate to be proved


sir/madam, in an exparte evidence stage of divorce, the petitioner gives his proof of affidavit where the second marriage by wife and begot of child by her second marriage which is invalid but the ground for divorce based on adultery where outside of marriage she begot a child through her second marriage man while first marriage is subsisting. Here the petitioner points is not to punish and prove bigamy of her wife since burden of proof of her second marriage is on her to prove but the petitioner wants his relief on divorce on ground of adultery where a child was born to her and its birth certificate was available public. Now the petitioner question is whether just filing the birth certificate is enough or to call the registrar of birth certificate to prove the adultery ground in his exparte evidence? Kindly reply since petitioner lost his enitre livelihood on date of a marriage which was not consummated only on legally marriage was existing..

 
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Lawyer

Vague and confusing information.

Whether you are petitioner husband or respondent wife or representing either of them i.e., what is your concern / locus standi ? 

Whether divorce is sought on the basis of adultary or any other ground as specified in the Act ?

What is the opinion and advise of your lawyer if you are party to the case ?

It is better to consult a local prudent lawyer for better appreciation of facts,  proper guidance and proceeding.

However, if you are located in Delhi and feel so, may contact me (on appointment) with relevant records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075  Cell # 9891152939 email: majjagdish@yahoo.com or visit at: vakil-saab.com

 

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Retired employee.

Query: Now the petitioner question is whether just filing the birth certificate is enough or to call the registrar of birth certificate to prove the adultery ground in his exparte evidence?
 

Birth certificate issued by competent authority (Registrar of births) is a public document and admissable as documentary evidence and Court can never call Registrar for evidence.

Mere entry of father's name may not be sufficient, and if a DNA test is possible, it becomes a conclusive evidence for illegal relationship. (The biological father)


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Q:Whether you are petitioner husband or respondent wife or representing either of them i.e., what is your concern / locus standi ?
A:I am the petitioner husband. my concern is how i can prove the birth certificate of the child which my wife begot through another man and mentioned him as his husband in the birth certificate. since the divorce is based on exparte evidence stage i want to dilligently act to discharge my burden of proof. hence i am asking this question.
Q:Whether divorce is sought on the basis of adultary or any other ground as specified in the Act ?
A:based on adultery ground
Q:What is the opinion and advise of your lawyer if you are party to the case ?
A:It is vague and confusing. no clear picture. since i already wasted one and half year time and money on half baked lawyer who even donot know about jurisidction does exist on filling divorce petition. merely canvassing me and wasting my life. hence i asking opinon on this forum among your honourable prudent lawyers. as per your reply i am going to change my lawyer.
Q:It is better to consult a local prudent lawyer for better appreciation of facts, proper guidance and proceeding.
 
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A:Court can never call Registrar for evidence.
Q: Then i pay batta for registrar witness to prove birth certificate in my exparte proceeding, is it ok sir
A:Mere entry of father's name may not be sufficient, and if a DNA test is possible, it becomes a conclusive evidence for illegal relationship. (The biological father)
Q: Then adding that biological father as respondent in divorce petition will do sufficient to prove the fact, is it ok sir.

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=205947&offset=1#reply
 
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Retired employee.

When public documents are itself sufficient to establish facts in a court, why do you want to call for witnesses ?.  Please do not imagine, assume and contact a local advocate.  First, let the DNA report establish the name of the biological father and then conclude.  Without confirming facts, do not assume and have suspicions.

 
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Advocate

If the matter is being decided exparte (i,e. the opposite party has been served summons, but has not made appearance), the birth certificate itself is sufficient. There is no need to summon the witness or to apt for DNA test.

 
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I am very much obliged for all of your above suggestions. Now exparte evidence from my sidei is over and the court asked for furrther eveidence from my side. as per your all suggestions i said no further evidence in my exparte evidence. henee my side witness got closed and heard and put for orders. i hope burden of proof and onus of proof  are now on my legal wife and her illegal second husband both are respondent in my divorce case.kindly suggest whether burden of proof is shifted as per my hope which is legally correct or not?!

 
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