Hi All,
1. My wife has not given my name to our child in child's birth certificate
2. She continues to refuse to correct my name
3. We have all cases going on as mentioned below
- maintenance case 125 crpc
- Divorce case
- Domestic Violence
- 498a
4. I am asked to pay maintenance but my name is not on birth certificate
5. Example of name problem in my case
- My name in birth certificate is Sunil Akbar Shetty
- My actual name is Sunil Sachin Shetty
- My passport, PAN card, bank records state name as Sunil Sachin Shetty
- Even 498a FIR states my name as Sunil Sachin Shetty
6. I had filed 127 read with 125(5), one prayer asked from honble family court is to direct the wife as well as the birth registering authority to correct the name in birth certificate
7. I have also filed an access petition in which i have asked for similar relief that Family Court direct wife as well as birth registering authority to change/correct my name in child's birth certificate and issue a new corrected birth certificate
8. However Hon'ble Family court says that this is a civil matter...and Family court does not have jurisdiction in this matter and that I should to go to Civil court. The order is not yet out. The matter is on argument stage
9. Family court further said this is matrimonial matter and this kind of request for directing birth certificate authority power is with civil court and not family court
10. I argued that it is matrimonial matter and child came into existence only after matrimony
11. I am aware that a criminal case can be filed against wife for doing this...don't know which one?
12. I have already file Perjury case in one of her cases and planning to file it in all her other cases, because all her cases are actually contradictory to each other
13. I am of the opinion that Family court is also civil in nature. and matters related to such as that of family can be filed at family court
14. Learned members and friends please advice as to how can i get this done. I need to get this done from court
15. Can this not be asked from family court to direct birth certificate authority?
16. Chapter 7 (1) (e) part of the explanation [a suit or proceeding for a declaration as to the legitimacy of any person;] does this not give Family court power for directing birth certificate authority?
17. Also below mentioned is the chapter 7 of THE FAMILY COURTS ACT, 1984
