Legal Question in Civil Rights Law in India
Dear Sir
Sir ,My Father has kept one mistress and given her name in his service record with BHU (Banaras Hindu University) we have got the information through RTI about it that he has given the name of his mistress by keeping my mother in dark for 35 years in his service record with BHU. We have all the evidences that we are the real family members of his family but he is denying all the relations.recently he has sold all his property somehow we have managed to get temporary residential order under domestice voilance act . My father is also paying maintenace of Rs.500/- p.m. to my mother under section 125 C.R.P.C.
Just wanted to know should we file the writ petition asap to get our name entered in his service record as he has recently got retirement from BHU in Feb'2010.
Rather filing a case for bigamy and adultery against my father for committing fraud upon My mother and i am planning to file a writ petition at Allahabad High Court for declaring the name of the mistress in the record BHU as illegal and for removal of her name from the records and entering ours (my mother and mine name) name thereafter. We have all the evidences in our favour that we are the real family member of my father and my mother has all the evidence of marriage and id and address proof in our favour but the mistress has no any evidence of her marriage with my father for it we are is 1000 percent sure.
Plaese Suggest if we file a writ Petition in Allahabd High Court within How much time we can get it done appro. as my father is +62 and mother is +54 and his mistress is+58 so all are near about senior citizens and close to death.
3 Answers from Attorneys
Before filing the writ petition, your mother may need a declaration that she is the legally wedded wife of the concerned gentleman (your father).
The declaration in question can be sought from the civil court by filing a civil suit.
approach the authority for inclusion of your name and deletion of the mistress name... and if they refuse than file a writ of mandamus...and there is no assurance of early disposal any case either civil suit or writ
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