Tuesday, March 21, 2023

Here is what happened to paternity suit filed against Sena MLA Prakash Surve | Exclusive

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The court concluded that the suit was “false and frivolous” and initiated a case against the mother-son duo for filing a false case in court.

Mumbai,UPDATED: Mar 13, 2023 20:39 IST

The HC decided to let off the mother-son duo after they paid compensation to Prakash Surve and a fine to the high court.

By Vidya : Shiv Sena MLA Prakash Surve, lately in the news for an alleged morphed video, had earlier been in the headlines in 2017 after a 24-year-old man had claimed that he was his father. Dahisar resident, Raj Korde even filed a suit in 2017 in the Bombay High Court, seeking that a paternity test be done and he be given his due recognition as a son.

The suit had also sought that Surve be restrained from denying his relationship with Raj and his mother Ujjwala Korde in public.

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However, in 2018, the high court transferred the case to the Dindoshi Sessions court on the grounds of jurisdiction. According to law, all suits not exceeding Rs 1 crore in value, except certain specific suits, have to be filed before the Sessions court. The court, after going through Korde’s plaint, had concluded that “the relief sought in the plaint cannot be valued above Rs 1 crore”. Advocate Mukesh Pandey, appearing for Korde, agreed to take the suit to the Sessions court.

In the Sessions court, however, due to the Coronavirus pandemic, hardly any hearings took place and, in 2021, Korde changed his lawyer in court and a consent term was drawn. The details of the consent term were read out in court and Korde and his mother agreed to it and the suit was sought to be withdrawn unconditionally.

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Without naming any political party, the mother told the court that the suit was filed “at the instance of the political opponent of Prakash Surve and they were tutored and guided to broadcast making contents against him just before the election of 2019 for Legislative Assembly of Maharashtra.” The court concluded that the suit is “false and frivolous” and, while closing the suit, initiated a case against the mother-son for making a false case in court.

The Sessions judge had said, “In the interest of justice, action under Section 209 of the Indian Penal Code for making a false case in court is required to be initiated.”

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The court gave an opportunity to Korde and his mother by way of conducting an inquiry before initiating any action. The two filed an affidavit explaining that they “realised the mistake and settled the matter with Surve and gave compensation in view of the same”. They reiterated that the suit was filed on the instance and motivation of political opponents. Surve was compensated with Rs 50,000 each by Korde and his mother.

In view of the compensation that was given by Korde and his mother, the court decided to impose a cost of Rs 5,000, which was to be imposed on each of them to be paid to the District Legal Services Authority. The suit finally came to a close in 2022.

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