My wife has got birth certificates (age: 11 years and age: 14 years) and an Aadhaar card (age: 11 years) made for my son without my knowledge. The birth certificates and Aadhaar card of my son are in the custody of my wife. My wife has perhaps broken the news of her extra-marital affair to my son and mentally tortured him during the exam days by saying "I have your birth certificates and Aadhaar card. You will have to live under the shadow of fear." This has had a bad effect on my son, for which I am taking him to a psychiatrist. Without informing my wife, I found out about my son's documents with the help of school records and obtained photocopies of them. Today, everything has become digital. Therefore, I and my son do not want to work on wrong documents. There is a risk of getting caught. Both of us, me and my son, want to get out of this fraud. For this, I am considering two options: * Apply under the Right to Information (RTI) Act. (But in Bihar, the process of 1st appeal, 2nd appeal, SIC, CIC... can take up to two years.) * Apply under Section 76 of the Indian Evidence Act 1872. I am considering the second option. I need your help in preparing this application. Please draft the following: 1.* When applying for my son's birth certificate, certified copies of all the documents submitted by the applicant should be provided to me. 2.* After the government official has received any information and documents from the applicant for my son's birth certificate, true and certified copies of all the documents prepared by the government official should be provided to me. 3.* The name of the person who applied for the birth certificate. (Can this third party information be rejected by saying it is confidential information?) Should my son apply instead of me? Will this third information have to be requested through the RTI route? Or will this information be available under the Indian Evidence Act 1872? Therefore, I and my son will always be grateful to you and the members of your team for this help and empathy.
Dear Client, In order to help with your anxieties on your son’s birth certificates and Aadhaar card, you can go to the below section as Section 76 of the Indian Evidence Act, 1872. In your application, ask for copies of all documents that your wife submitted during the birth of your son and especially the birth certificate. Also, when the government official obtains information from the applicant, request for true copy and a certified copy of any document that the official may prepare. Ask for the name of the person who filled the birth certificate. However, this information may be considered sensitive and you may need to explain why you want the information. I would recommend your son to apply instead of you since he is the one who will be included in those documents. In the case where the identity of the applicant is assumed sensitive or would infringe on the rights of the third party the information can be sought through the RTI Act since the Indian Evidence Act does not necessarily allow for third party information without a valid reason. It is always advised that you should consult an attorney in the preparation of the application as well as the process to be followed. Hope this answer is beneficial for you.
Dear Sir, Since your wife is blackmailing you and being in adultery not entitled for child custody. First get permanent child custody then obtain the documents from her either through court order or lodging a complaint with police.
Do Not worry so much you being a father can rectify it 1) Are you all NOT staying together in a single house ? 2) Are you going to get separated from your wife? 3) Get the delivery Card from the Hospital where your son was born 4) After you have got the ORIGINAL CHILD DELIVERY CARD & DISCHARGE CERTIFICATE, you can get the PROPER -ORIGINAL DATE OF BIRTH 5) After getting ORIGINAL CHILD DELIVERY CARD & PROPER -ORIGINAL DATE OF BIRTH you can make the necessary changes in the school & all documents legally. Nothing to worry much about it, we can help to legalise all your son’s documents
