Petitioner's trust in advocate lands woman in jail

Less than a month after a popular advocate was arrested on charges of forgery, yet another popular advocate in Port City is allegedly in news for wrong reasons.

Unlike the former (A C Jayaraj), who surrendered before the court, in the case of Advocate Asha Nayak, who was also the former chairperson of Child Welfare Committee (CWC), many advocates have been allegedly trying to protect her.

While Advocate A C Jayaraj was accused of diverting insurance money by producing fake records created using forged signatures and seals of the Sessions Judge, Advocate Asha Nayak has allegedly forged the signature and seal of Principal Civil Judge (senior division) N C Srinivasa and issued a (fake) divorce decree to Everest Pereira (CA No. 1857) (husband of Carmeline Pereira, married on 22.10.1975) .

However, the fake divorce decree came to light when Gladys Almeida, who claimed that she is the wife of Everest Pereira, filed a civil suit claiming property from Everest Pereira, after he passed away on September 14, 2005.

When Advocate M P Noronha filed the petition for his client Gladys Almeida claiming property rights in 2009, he (M P Noronha) had submitted all the documents pertaining to Gladys Almeida to prove his case.

When the advocates for Carmeline Pereira (first wife of Everest Pereira) checked for the genuineness of divorce decree, it was revealed that the divorce decree handed over to Everest Pereira and in possession of Gladys Almeida was fake.

Upon learning the incident (that the divorce decree was fake), Advocate M P Noronha immediately retired from the case (March 9, 2009).

Gladys claims innocence
Meanwhile, in a sudden development, Gladys Almeida was arrested on March 7, 2015 after the Shirastedar of the court, following instructions from Principal District and Sessions Judge Uma M G, filed a complaint before the Mangalore North Police on November 3, 2014, that the signature and seal of the Judge had been faked to create a fake divorce decree.

On the other hand, speaking to Deccan Herald, Gladys Almeida, mother of two from her husband Everest Pereira, claimed that she is innocent and has been framed.

“How will I know that the divorce decree issued by Advocate Asha Nayak with the signature and seal of the court is fake,” she said and added that immediately after she learnt that the decree given by Advocate Asha Nayak was fake, she filed a complaint against Asha Nayak with Barke police on March 12, 2009. However, no action has been taken with regard to the same even to this date.

Married in 1998
Gladys said that she went to Kuwait as a domestic help in 1996 and in the following year, she went to France along with her employer, where she reportedly met Everest through a friend.

“We became friends and after some time we married in Our Lady of Fathima Church in France on September 28, 1998. One month later, we registered our marriage in sub-registrar’s office in Mangaluru on October 28, 1998. However, only afterwards, I learnt that Everest had already married to Carmeline Pereira,” Gladys said and added that he (Everest) continued to live with her (Gladys) as his wife (Carmeline) was reportedly harassing him.

Hence, Everest had filed a case seeking divorce from Carmeline Pereira.

Silence for 6 years
Everest reportedly stayed with Gladys until his death on September 14, 2005.
Interestingly, though the incident of forgery / fake decree came to light in the year 2009, nobody bothered about it for the last six years.

“The very fact that the case has been taken up after six years and an innocent (Gladys) has been arrested on charges of forgery clearly indicates that there is some hidden agenda behind the developments,” opined a senior advocate, who did not wish to be quoted.

Meanwhile, Gladys also claimed that there is heavy pressure on her not to disclose the name of Advocate Asha Nayak before the judge. “While a few tell me not to “blame” anybody, a few others specifically asked me not to reveal the name of Asha Nayak,” she claimed.

However, when contacted, Asha Nayak said that the matter is sub-judice and investigating agency has to prove the allegations.

‘No locus standi’
“I represented Everest and I have no locus standi with the lady (Gladys),” she said and added that she never obtained any certified copy from the court.

When queried about the fake decree, she said that “anybody can do it in my name.”
A thorough and fair enquiry will bring out the truth. In fact, there is an urgent need to find out the truth so that guilty are brought to book and the innocents get a clean chit, so that the advocates in Mangalore hold their heads in high esteem, as they used to in the past.