Legal Question in Criminal Law in India

Sir,

My father's sister died in 1974 when her daughter was just one year old,My father who was an army officer brought his sister's daughter (his niece)with him to bring her up as there was no lady to look after female child in her family.My father and mother took care of the girl,when she was admitted to the school my father got her admitted as his own daughter.She was never leagaly adopted nor any entry of her birth was made in my father's service book but in her educational certificates and even in the passport ,my father's name appears as her father's name.We do not have any kind of documentary proof to show that she was not my parent's daughter or as her real parents.

In 1975 her father got remarried and had a son from new wedlock.Her father died in 1988

After his death his agricultural land and other property was equally distributed among the three persons i.e, his wife , his son from second wife and daughter from the first wife in 1988.His second wife appeared before tehsildar and put a thumb impression on the papers of inheritence ( Intqual of virasat).

Upto the year 2006 three of them sold their property.But in 2010 the boy got a FIR registered u/s 419/420 against my father and cousin sister claiming that the girl was not his father's instead she was daughter of my parents (as proof he put up her educational certificates and copy of passport).My father is suffering from mental disorder and my cousin sister is staying in Canada and the case is in the court.

Please let me know how to get out of it.

Thanks.

Rajinder Singh


Asked on 10/27/13, 1:58 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

your father actually nurtured his sister's daughter who at that time was just 1 year. All we need to emphasise upon the investigating officer to get the DNA of the complainant and your cousin sister (in canada) matched from a reliable government lab which will surely establish that the two are born of the same parents especially matching it with mother DNA also. Once that evidence comes, either Investigating officer would wrap it up or you may file for quashing of the FIR.

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Answered on 10/27/13, 3:19 am


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