Legal Question in Civil Rights Law in India

Respected sir,

my father,62,retired livin in a city valsad in south gujarat.had applied for a new passport.his school leavin certificate has a date diff from birth certificate.

passport office,surat under whose jurisdiction we fall asked us to produce birth cerificate or a no record certificate from municipal corporation's respective authority.till now we did not know his birth was registered n were sure to get a no record certificate.but the authority in mumbai where my dad was born produced a birth certificate with all correct information except that his name was not registered.passport authority adviced us to get a civil court order to get our name entered but some rule prevents the respective authority from enerining the name after a certain age.

we filed a case in mumbai high court but since we had no knowledge we mistakenly chose a bad lawyer.case was closed by judje.another lawyer recommend that we file a case in "valsad" civil court, here too three magistrates got changed and we got date after date without much avial causing 2 years to pass by.finally a judje listened to the plea but has asked us to prove that the valsad civil court judge has the jurisdiction to make an order in this case.

immigration papers hav been filed by my sister in usa and now since i m 23yrs(above 21yrs) old i can only be eligible for immigation as well under a "child protection law" of usa.but the procedure for me must get completed within a year.now only 4 months remain and after 2yrs we hear the magistrate saying prove that i have the jurisdiction and then i will order.

please advice.


Asked on 12/14/10, 2:31 am

1 Answer from Attorneys

Vivek Mapara Vivek N. Mapara

Valsad court would not have jurisdiction to ty this, as valsad court coud not direct registrar in mumbai to enter name. Proper forum for you was Court at Mumbai. You should inquire why the case was closed by magistrate in Mumbai. Further course of action could be advise, only after persing the Mumbai Court Order.

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Answered on 12/14/10, 3:20 am


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