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Arawind (i)     05 August 2014

IMMEDIATE RESPONSE REQUIRED

Dear learned members, I am serving in air force posted far away from home town . My parents suffering from old age ailments stay all alone at home town . I have one younger brother who doesn't look after my parents or visit them and stay at a distant location. Apart from this I am also contesting divorce & RCR cases at home town. I had completed 18 years of service in air force & my term is for 20 yrs. so, i am left with two years of service. I had applied for posting to home town on compassionate grounds to look after /support my ailing parents stating said reasons. I got a reply from my employer that posting to home town is not feasible and had earmarked me to an alternate place. My purpose of seeking posting will not be solved if I go on posting to the alternate place as I cannot have a strong command over my cases, frequently attending to the proceedings, claiming visitation rights/custody of my children, filing counters and also cannot look after my parents. Therefore, I had decided to quit service to solve my issues & accordingly had gone through existing policy of IAF issued vide Air HQ /S 40301/ PA II dated 21 Nov 2013 for seeking immediate discharge on compassionate grounds and as I refer Appendix K, clause 3 of said Policy, it states that I should submit a LEGAL SEPARATION CERTIFICATE ( an affidavit signed by magistrate ) w.r.t. my younger brother not looking after / staying at distant location /separated from parents which is mentioned as follows : AFFIDAVIT BY PARENTS AUTHENTICATED BY JUDICIAL MAGISTRATE THAT OTHER SIBLINGS HAVE RELINQUISHED THEIR RIGHT ON ANCESTRAL PROPERTY ALONGWITH STATEMENT OF PARENTS. Members are requested to not to get into wrong thought that I am making fool or I want to grab my ancestral / parents property. I want to quit service due to my above said problems and I am posting this query only for the said certificate as per policy. So, Please let me know how can I obtain this Affidavit/ statements authenticated by Judicial Magistrate and what should be the matter in said Affidavit/ Statements. I had already approached a lawyer who said that magistrate does not authenticate such documents and prepared an Affidavit attested by Notary which did not fulfil my requirement as per my employer ' s policy and matter typed was also not as per the said policy. Please help me / direct me at the earliest.


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 1 Replies

Rangee (Lawyer)     05 August 2014

Mr. Aravind,

Have you got decree for judicial separation from court then produce the same before your Office or submit request petition stating all the facts of younger brother not staying with your parents and your wife staying away from you with papers to District Magistrate/District Collector of your place of residence. Declare the facts on oath in  Affidavit  submit to District Magistrate. After verification of facts stated by you DC will attest your  Affidavit t which is sufficient for your official purpose. Your advocate is right  magistrate do not attest any Affidavit. 

Yours

R.S.K.Singh


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