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.
I just wanted to know how can we file the writ petition through my mother and get her name entered in the service record of my father,
2 Answer from Attorneys
Ur mother can give complaint to police regarding the second marriage before police or file complaint directly and ur mother can application for enhancement of maintenance and if u r dependent on father u also can claim maintenance moreover every person has right to make nomination of his choice but u can challenge on the ground that he describe that woman as his wife and ur mother may file civil suit
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