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 in his service record as wife 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 mother has got the maintenance order under 125crpc of Rs.500/pm.

My Father has given the name of his mistress (as wife) in and his sons as his family members.But my mother has all the evidences that she is his real wife and he has not done any marriage with his mistress whose name he has given in his service record as his wife.

we thought to file the writ petition to get our name entered in his service record as he has recently got retirement from BHU in Feb'2010. He has kept us in dark for this long period giving us false commitments but today our petition was dismissed on the following grounds, Please suggest the Way how we can go ahead

1. Petitioner has sought a writ of mandamus commanding the respondents to

enter her name as nominee of her husband, Dr. Vijay Prakash Verma in the

service book maintained by respondents-University.

2. The writ petition is thoroughly misconceived. No one can enforce

nomination of his/her name in the service book of an employee. It is always

voluntarily and within the sole discretion of officer/employee concerned. No

relation has any right to enforce nomination in any document and atleast no

such provision has been shown to this Court. Being the legally wedded wife

of employee concerned petitioner may have all other rights but for nomination

in service record, no mandamus can be issued since no such provision has

been shown under which petitioner has such a right.

3. Dismissed.

Dear Sir, It is really sad that my father has cheated us and given the name of his mistress (as his wife but he has not done any marriage with her we are 200% confirm about it) and his son in his service record .Please Suggest the best way to handle this case now it is my humble request.


Asked on 1/19/12, 3:22 am

2 Answer from Attorneys

The complaint can be given to the police against him for committing adultery and file civil suit and file application under section 127 crpc for enhancing the maintenance amount and your mother can claim monetary relief under domestic violence act and if u r dependant on ur father and studying even u can clam maintenance as per law

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Answered on 2/09/12, 12:08 am


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