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Devakrishnan (Consultant)     19 December 2012

Interesting family law case

hi friends

The case is..


1.The plaintiff was born on 1937,he does not have father name in his birth certificate.

2.Both the parents died  in 1940 and in 1960's as per plaintiff claim.

3.The plaintiff is claiming legitimacy to the grandchildren of his father

4.The grandchildren were born after the plaintiff birth ,so they dont have any idea of the plaintiff birth.

By question is:

1.Does the plaintiff has cause of action in the suit to claim legitimacy to the grandchildren (who were born after his birth) of his parents?

2.is the suit maintainable under law (both the parents are not alive)?

3.what is limitation in matrimonial proceddings?

4.does the plaintiff has any locus standi (after 40 years of here parents death) to ask for legitimacy to the grandchildrens?



Learning

 2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     23 December 2012

wag query. 

 

 

where is matrimonial ?? what is interesting in it????????????

Devakrishnan (Consultant)     01 January 2013

Dear sir


The plaintiff says that there parents were married through customary practice.

Both the parents are not alive.

Now the plaintiff after 42 years claiming legitimacy to the grandchildrens of this father.

how do grandchildren know about the plaintiff birth.(born after the plaintiff birth)

is there any prima faci in this case.


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