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Remedy against forgery of Court : Family court has forged expert’s report

Shivendra Pratap Singh

Advocate

06/04/2022/ 11:03:11 AM

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Question: The Family Court Judge has forged the child’s interaction report. The child’s physical school, he cannot be removed from school just like this. What remedy do I have against forgery of court in child custody matters? Child is now a 14+ years male child. Interim custody given to me (father) by Delhi High Court in 2015. For 7 years the child has been studying in Gurugram. Psychologists’ reports say the child wants to live with father. The family court has accepted the forged report. 

It Has passed an order to give the child in custody of the mother till the final decree. Need immediate reversal of the order and matter be remanded back to Family Court. Legal remedies to restrain the opposite party from using coercive means. Can an injunction be granted before filing of appeal? Can a mother take away the child without an execution order? How long does the execution proceedings take?

Asked from: Delhi

You should immediately file a petition before the High Court under Section 151 of the code of civil procedure (cpc). Act of forgery by a family court judge is a very serious matter. You are entitled to get immediate interim relief and stay of the erroneous order passed by the family court judge.

At the very first hearing, the high court may stay the effect of the family court’s order. The high court may remand the case to any other judge. The current order of family court is an interlocutory order hence, you cannot file appeal in high court. Instead of it, you should invoke the inherent power of the court under section 151 cpc. No execution is necessary for the interlocutory order. 

Also read: Custody of child below five years

The family court can reject the report, if any, filed by the expert. Because, the court is not bound by the opinion of experts. But manipulation or forgery of a report is an independent act. This is a non judicial act therefore, the high court may personally liable the judge of family court. 

The high court may take stern action against the family court judge. That action may be beyond the ambit of section 151 of the code of civil procedure. The high court may pass a structure against the judge and seek clarification from him towards the alleged forgery. If the high court finds that matter is true it can take disciplinary action and initiate criminal proceedings against the family court judge for the forgery.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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