Will Sherali Jorayev's grave be opened?
Interviews
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27 April
137265There has been widespread discussion in social circles regarding singer Botir Qodirov's claim of being the son of the Uzbek artist Sherali Jorayev. Halimjon Nurmatov, Jorayev's brother, disputes this claim, asserting that Qodirov is not from their clan. Qodirov, however, insists he has substantial evidence to support his case, which he plans to present in court. The court proceedings are scheduled to commence on May 2 at the Uchtepa Inter-district Court, with both Qodirov and Jorayev's youngest son, Zohirshoh Jorayev, participating.
What's the procedure for determining paternity? Who can attend, and what evidence will be considered? These questions are addressed by lawyer Mavluda Torayeva.
Both Qodirov and Jorayev's family are entitled to legal protection and recourse to the courts. Torayeva emphasized that paternity cannot be invalidated solely due to Sherali Jorayev's death, allowing the case to proceed to trial. All evidence presented during the court session will be duly considered.
Mavluda Torayeva, lawyer - The court relies on all the evidence and facts related to the case in the process of hearing the case. Every evidence presented by the plaintiff or the defendant in the case (photo taken with relatives, information proving parentage, video, audio recordings, correspondence, testimony of relatives) is taken into account by the court.
Feruza Najmiddinova, journalist: - There is a document confirming that the singer and Sherali Jorayev's brother Halimjon Nurmatov passed a DNA test and that they are cousins. Will the court take into account the conclusion of this investigation?
M.T.: First of all, in most cases, the parties voluntarily apply for a paternity and kinship (DNA) test. In this case, Botir Qodirov must present the DNA results to the court. Based on the request of the parties, the opinion and conclusion of a specialist expert is given. A DNA report submitted by one of the parties to the court is sufficient in most cases. If the court finds it necessary, it will ask the people who are closer to his uncle (Sherali Jorayev's two sons, Shohjakhon and Zohirshoh Jorayev, brothers or sisters of the deceased) to undergo a DNA test again to determine the blood relationship.
F.N.: - If Shohjakhon and Zohirshoh Jorayev refuse to undergo a DNA test, can the grave of the deceased be opened?
M.T.: - If the other party does not agree to undergo the examination, the court will not allow opening the grave of the deceased, because it is not allowed to open the grave to determine the fact of paternity. Because this is a desecration of a dead body. In this case, the evidence presented above is sufficient.
At this juncture, it's worth noting that should Botir Qodirov indeed be confirmed as the biological son of the late artist Sherali Jorayev, he stands to inherit both material and intangible legacies from his father, akin to his other siblings.
From what I understand, Botir Qodirov initiated legal action to affirm his paternity, motivated by a desire to safeguard his mother's and his own honor and dignity. This decision came after Shohjakhon Jorayev made disparaging remarks about Qodirov's mother on social media. Should it be established that Qodirov is indeed Jorayev's son, he could potentially pursue legal action against Shohjakhon Jorayev for defamation, leading to potential administrative repercussions for Jorayev.
The case of the Jorayevs
In early February of this year, Botir Qodirov initiated legal proceedings to officially establish his paternity, with the aim of protecting his mother's reputation and his own dignity.
The case was slated for deliberation by judge Otanboyeva on April 15 at the Uchtepa inter-district civil court. However, the defendant's representative, Zohirshoh Jorayev, requested a postponement to familiarize himself with the case. The initial hearing took place on April 23, during which the plaintiff's representative testified. The proceedings were adjourned until May 2 to summon witnesses and gather additional evidence.
Accompanying the lawsuit is an expert opinion dated September 29, 2023, from the Republican Forensic Center named Sulaymonova under the Ministry of Justice of Uzbekistan, which indicates a familial relationship between Halimjon Nurmatov and Botir Sheraliyevich Qodirov, suggesting they are cousins.
Botir Qodirov himself cited a social media post by Shohjakhon Jorayev, the eldest son of Sherali Jorayev, as the catalyst for his legal action against the Jorayev family. This post, according to Qodirov's producer Asror Isokhojayev, contained derogatory remarks that compelled Qodirov to pursue legal recourse against the late artist's family.
QALAMPIR.UZ reached out to Halimjon Nurmatov, Sherali Jorayev's brother, to clarify the matter. He denied the claim that a DNA test was conducted to confirm the cousin relationship between him and Botir Qodirov.
During an interview with QALAMPIR.UZ, singer Botir Qodirov addressed all inquiries, affirming Sherali Jorayev as his unequivocal father. He discussed the frequent interactions between father and son until he reached 20 years old, highlighted the pressure on his mother, and emphasized possessing ample evidence supporting his paternity claim.
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