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Mohd. Khalid Faridi (Ministerial Staff)     07 April 2010

Child Custody

My sister is a widown and is contesting a custody case of her 11year old child agaist her inlaws. The opposite parties approached HC for early disposal of case and the HC passed an order to this effect. As a result the case was being heard every fortnight. Now in this case, statement of all concerned have been recorded as also the witness of the minor child who expressed his intention to live with his mother. In this case the opposite parties have filed a concocted Tabiyatnama allegedly to be of deceased husband of my sister. In order to verify the said tabiyatnama, notice to the Notary was issued. The said notary appeared on the date fixed but in the meantime the judge was transferred. Now after a gap of three months, the new judge has taken over the charge of Principal Judge, Family Court and the case is listed for hearing very shortly.

I, therefore, want to know whether the statments of all the concerned including the minor child will be recorded again or not or the case will continue from the verification of the notary onwards. Please anwer.


 6 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     07 April 2010

Dear Khalid,

Your sister's case will continue from the verification of the notary onwards, no further statements of already deposed witnesses.

Mohd. Khalid Faridi (Ministerial Staff)     08 April 2010

Dear Aejaz Sir,

Thanks for your prompt reply. May I ask another question related to this issue.

The said Tabiyatnama, allegedly of my deceased brother in law, was got executed after his death and this Tabiyatnama only the stamp of the notary is affixed but no register number is there. Now the notary is saying that that he has put on his signature and seal on a photocopy of tabiyatnama and not on the original. Now, I want to ask whether this tabiyatnama can be admitted as genuine however the same is concocted. Please answer. Please also guide me with your views on this issue.

Ajay Sharma (Lawyer)     08 April 2010

Dear Khalid Faridi

Please indicate whether Tabiyatnama was executed before the notary or else its photocopy was attested.

You must clarify this or your query is vague.

Ajay Sharma


Mohd. Khalid Faridi (Ministerial Staff)     08 April 2010

Dear Sharma Sir,

Thanks for your query.


In a  telehonic conversation with the said Notary, he has said that he has attested only the photocopy of the document, the concocted tabiyatname. Please give your opinion whether this can be admitted as genuine.

Mohd. Khalid Faridi (Ministerial Staff)     08 April 2010

Dear Sharma Sir,

I would further like to inform that this tabiyatnama could not have been executed before the notary as the same is fradulently prepared after the death of the execuction i.e. the deceased husband of my sister and during his life time he has not executed any such tabiyatnama. Please give your suggestion.

Mohd. Khalid Faridi (Ministerial Staff)     08 April 2010

Dear Aejaz Sir,

Thanks for your query.

The so called concocted Tabiyatnama is a kind of Will executed by the deceased husband of my sister allegedly executed before his death. But the fact is that no such Tabiyatnama has been executed by him during his lifetime. The details of this tabiyatnama is that this Tabiyatnama dicatates that my sister has left her only son and husband much before (say six years) and therefore, after his death the custody of his son be given to his family only. Now the fact is that the deceased husband was in government employement and 10 months before his death he was diagnosed with cancer of last stage. It is worth mentioning here that my sister was happily living with her husband and her son at her in laws house. But after his death  because of greed of money (Fund/Pension etc.) my sister was thrown out of her in laws house forcibly (an FIR had been lodged by my sister in this regard) and her in laws made a case that my sister has left her husband much before his death. Now, they have filed two separate cases against my sister (for custody of minor child and for succession certificate with regard to the money left behind by the deceased husband) and in both the case they have filed this forged tabiyatnama. It may also be mentioned that after the death of her husband my sister was given compassionate appointment in State Government as widow of her deceased husband and she is continuing for the last two years but no retiral benefit has been given to him for want of succession certificate.

It is further informed that  after being diagnosed with cancer and before his death, the deceased husband has nominated my sister for all his retiral/death benefits and family pension in his official records as per the laid down provisions and these nominations are dated 12.06.2006 whereas the concocted tabiyatnama is dated 10.06.2006 which goes to prove that this tabiyatnama is a forged document as the same is dated 10.06.2006 whereas the deceased husband has himself nominated her wife on 12.06.2006.


This tabiyatnama is duly notaried and bears the signatue and seal of the Notary but does not contain any register number. Now the notary is saying that he has not signed the original tabiyatnama and has put on his signature and seal on the photocopy of the said tabiyatnama.

Now in case of custody of minor child, the Notary has to deposed very shortly.

I think the above detail is sufficient to reach at a view. Please aslo suggest as to how the said tabiyatnama can be proved as forged. Please give your opinion urgently as the Notary has to deposed on oath very shortly.

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