Mangaluru: M.F Saldanha, former Judge of Karnataka High Court has accused two Mangaluru-based advocates, of handling a case involving the production and submission of a fabricated divorce decree to the court, “which was concocted for the purpose of depriving the legal heirs of Late Everest Pereira”.
Taking note of his compliant, the Principal District and Sessions Court registered a compliant at Mangaluru North police station, but the Court did not name the accused. However, it’s learnt that the case was filed on the directions of Principal District and Sessions Judge Uma M.G, after Carmeline Pereira, the victim approached her personally to look into the case (M.C. No. 177/2004).
‘One case, two decrees’
According to documents available with newskarnataka.com, advocate Asha Nayak on behalf of her client Everest Pereira, filed a petition for divorce from his wife Carmeline Pereira on May 24, 2004. Even as the divorce proceedings were in progress, Everest died on September 14, 2005. Consequently, the court declared the divorce petition as ‘abated’ on October 7, 2005.
Later, advocate M.P Noronha, representing Gladys Almeida in MC No. 177/2004, produced a ‘fake divorce decree’ before the court in 2009, contending that the late Everest Pereira had divorced his first wife Carmeline Pereira and left his estate to his ‘second wife’ Gladys Almeida. The divorce decree – with the court’s seal and the judge’s signature – stated that the “marriage between Everest Pereira and Carmeline Pereira which was solemnized on October 22, 1975 at Holy Cross Church, Juhu, Mumbai is hereby dissolved by a decree of divorce” – through an ex parte order. With this, Ms. Gladys became the legal heir of the property owned by Everest Pereira.
Interestingly, the same court, which had declared that the divorce petition abated on October 7, 2005, had seemingly, previously dissolved the marriage by an ex parte order on June 10, 2005, three months before his death.
Using the Right to Information (RTI), Carmeline Pereira, came to the conclusion that, advocate, M.P Noronha had produced a ‘fake divorce decree’ to the court on behalf of Gladys Almeida, who claims to be the second wife of the late Everest Pereira, in order to gain undue pecuniary advantage.
Hence, Carmeline wrote a letter to the Registrar (Vigilance), High Court of Karnataka on the misuse of the court seal for illegal purposes in M.C No. 177/244. The registrar, in response, stated that “the seal of the court was not made use of for any illegal purposes. However, the Principal District and Sessions Judge, DK is directed to take necessary legal action, in respect of the false and fabricated document as a decree of the court in M.C. No. 177/2004”.
Despite the directions of the High Court in 2013, the judge did not hold any enquiry for almost a year, says, Carmeline Pereira, in an exclusive interview with newskarnatka.com. A retired teacher by profession, Ms. Pereira says she is forced take up tuitions even today – to afford a decent meal, since the wealth left by Mr. Everest is enjoyed by Mrs. Gladys.
Besides, Carmeline Pereira doubts the genuineness of the original divorce petition filed by Everest Pereira and suspects that Gladys might have forged his signature. “I was not aware of the divorce petition filed in Mangaluru. I, along with our two children (Angelo and Angelina) are living in Mumbai, while he was working abroad. Lately, I was told that he had become intimate with one Gladys while he was abroad. In 2005, he died under mysterious circumstances in Mangaluru, when he was with Gladys. All this was kept hidden from us, until after his death”, a visibly shaken Carmeline says and alleges that Gladys ruined him, with an eye on his wealth.
In response to the allegation, M.P Noronha told newskarnataka.com that he withdrew from the case soon after he realized that Gladys Almeida had given him a fabricated divorce decree for submission to the court. “I did not suspect any misdoing as the case was referred to me by a priest. After the first hearing, I realized that it was a fabricated decree and hence I immediately withdrew from the case”, he asserted welcoming a comprehensive investigation.
Mr. Noronha also produced three documents to prove his point. He showed an affidavit given to him by Gladys, which confirmed the ‘authenticity of the divorce decree’. Secondly, a letter written by him to Gladys Almeida officially withdrawing from the case and asking her to make other arrangements. Third, a complaint copy which Gladys had filed before the Barke Police station, alleging the involvement of advocate Asha Nayak, who was representing the petitioner, Everest Pereira. She claimed in her complaint, that the said advocate had given her the fake divorce decree.
Asha Nayak told newskarnataka.com that she had no in the production of a fabricated fake decree. “Some people with vested interests’ have plotted to destroy my image”, she said. Ms. Nayak refused to comment more on the issue, citing it was a ‘legal matter’.
When asked about the case, Gladys Almeida declined to comment.
Meanwhile, M.F Saldanha, former Judge of Karnataka High Court, in his letter to the district judge has asked her to speed up the enquiry, holding the registrar, two advocates and Gladys Almeida as accused in the case. He said, the registrar must be held responsible for failing to take action, despite the appeal of Carmeline regarding the fabricated divorce decree in 2013.
Similarly, in the past, the Principal District and Sessions Court had accused a Mangaluru-based advocate A.C. Jayaraj of producing forged orders of the court to Dena Bank in Kankanady for premature release of fixed deposits related to petitioners who have been granted relief in accident cases. The case is being investigated by Mangaluru north police.
