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chandraprakash tripathi (sole propritor)     29 July 2013

Judge not giving ex parte decree or any interim relief.

today was my date on 29-07-2013,  i had to file an affidavit in lieu of examination in chief in court,  my affidavit and every thing was ready,  my  case in for permantent custody of my son under guardian and wards act,  section 7 and section 25,  ex parte order was also passed as respondetns did not come on any single date or care for the case,  but today on 29-07-2013,  the judge asked for marriage certificate and birth certificate,  in begining only i have mentioned i dont have marriage certificate,  in respect to relationship with my wife her death certificate is produced where celarly with her name my name is shown,  and birth certificate as my  my wife was admitted in the hospital by parents of my wife,  where she gave birth to my son,  they have i guess wrong name and information in the hospital, so despite of trying my best i am not able to get his birth certificate,  ibut in the notice reply by the said respondents they have admitted the fact that their deceased daughter was my wife and the child named krishna is my son, so since i dont have his birth certificate and marriage certificate of my wife, what will the judge do wont he give me the custody of my son,  and how should i proceed ahead, please help and guide me .



Learning

 2 Replies

surjit singh (Assistant)     30 July 2013

My TRIPATHI,  your case is of givng custody of a minor boy, and it the duty of the court to look for all necessary documents before he is satisfiedf that the custody can be given to you. I do not think without satisfying the court will hand over lthe custody of the boy.

Amit Gupta (Advocate)     30 July 2013

Dear Mr Tripathi,

under the family courts act and hindu law or under any procedural law those certificates are not mandatory, incase u have it well and good, incase u dnt have that dnt worry. since there are exparte proceddings against the respondents the court will surely gave you the desired orders. rest assured.


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